Kabita Biswas & ORS v. State Of West Bengal & ORS

04.01.2023 Court No. 19 Item no.74 (ML) CP WPA No. 30574 of 2016 Kabita Biswas & ors.

Vs.

The State of West Bengal & Ors.

Ms. Mekhla Sinha Ms. Purnima Ghosh ....for the petitioners.

Mr. Jahar Lal De Ms. Smita Das Dey ....for the State.

Affidavit of service is taken on record.

The petitioners contend that pursuant to a notification published by the respondents for engagement of Anganwadi Karmi at Hanskhali Block under the Integrated Child Development Project, the petitioners appeared at the written test and also at the interview. The names of the petitioners were empanelled as they claim to be successful. Such panel was hung in the office of the Project Officer, ICDS, Nadia. The petitioners are aggrieved because no engagement letter was issued by the authority. Further allegation is that persons who were not empanelled had been ultimately appointed.

As this interview process took place in the year 2010, this court is not inclined to pass any mandatory direction. The petitioners had slept over their rights for a considerable period of time. However, as it is the contention of the petitioners

that they were successful at the interview and their names had appeared in the panel, the petitioners are entitled to know the fate of the aforementioned selection process of 2010.

The writ petition is disposed of with a direction upon the respondent no. 4 to treat the same as a representation and pass a reasoned order. The petitioners shall be communicated the order.

The only issue to be decided would be whether the petitioners were successful at the interview for the post of Anganwadi Karmi at the Hanskhali Block and whether their names had appeared in the panel, as selected candidates.

If the questions are answered in the affirmative, in that event the reasons as to why the petitioners were not granted the appointment shall also be stated.

The court has not gone into the merits of the claims and the issues involved shall be decided independently.

The entire exercise shall be completed within a period of four months from the date of receipt of the copy of the writ petition along with the server copy of this order.

Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)