Calcutta High CourtWPA/30258/2024dismissed as not maintainable

Pratima Mandal v. The State Of West Bengal And ORS.

2025-08-12Hon'Ble Justice Bivas Pattanayak2 pages

12.08.2025 Sl. No. 13.

D/L.

Mithun Ct.No.42.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 30258 of 2024 Pratima Mandal Vs.

The State of West Bengal & Ors.

Mr. Anindya Bose, Mr. Golam Mohiuddin, Mr. Mridul Biswas ..for the petitioner Mr. Biswabrata Basu Mallick, AGP, Mr. Ansar Mandal, AGP, Mr. Tanweer J Mandal, Mr. Biman Halder ...for the State By the present writ petition, the petitioner seeks for setting aside of the panel which was prepared by the respondent authorities for the post of ASHA in respect of Jhikira PHC under Amoragori/V Gram Sansad within jurisdiction of Amoragori Gram Panchayat.

The petitioner contends that the person, Mamata Maji (Gucchait) who has been selected for such post 'Asha Karmi' failed to produce requisite documents and is not eligible. However, the respondent authorities choose to select her for such post. Hence, this writ petition challenging such action of the Staterespondents.

State files statement of facts, which is taken on record

Learned Advocate for the State submits that the present writ petition is not maintainable since in the earlier round of litigation in WP No.10961(W) of 2017, the petitioner raised the similar issue challenging the panel prepared in respect of examination held on 2012. Such writ petition has been dismissed, which is suppressed in the writ petition. Therefore, the writ petition is liable to be dismissed.

Learned Advocate for the petitioner concedes to the fact that the present writ petition pertains to engagement in the post of ASHA in the year 2012. Upon perusal of the order passed in WP No.10961(W) of 2017 dated 21st June, 2017, it is found that similar issue was raised before this Court in the aforesaid writ petition by the petitioner and upon hearing, the writ petition was not admitted and was dismissed. Such fact has not been pleaded in the present writ petition.

In view of the above, the writ petition being WPA No.30258 of 2024 is dismissed as not maintainable. All connected applications, if any, stands disposed of.

Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Bivas Pattanayak, J.)