Mamoni Barman (Ray Mandal) v. State Of West Bengal And ORS.

10.01.2020 Ct. No. 24 Item No.10 pk.

W. P. No. 23503 (W) of 2019 Mamoni Barman (Roy Mondal) -vsThe State of West Bengal & Ors.

Mrs. Papiya Chattopadhyay for the petitioner Mr. Swapan Banerjee, Mr. Sougata Mitra for the State Ms. Anita Khatri for the respondent no. 8 The petitioner participated in a selection process for appointment of Anganwadi Helpers. Her name appeared in the panel at serial no. 18. She is a Scheduled Caste candidate.

The petitioner submits that the Scheduled Caste candidate at serial no. 12 of the panel has filed an affidavit before the Child Development Project Officer declaring her intention not to join the post in question as she is engaged elsewhere. She submits that the vacancy in respect of the Scheduled Caste category is still available and her candidature may be considered for appointment in the said post. The petitioner made a representation before the respondent authorities through her learned advocate on lst July 2019. The said representation of the petitioner has not been considered by the authorities till date.

As it appears that the petitioner has already ventilated her grievance in her representation before the respondent authorities and the same is kept pending for a considerable period of time, no useful purpose will be served by keeping the writ petition pending. The same is disposed of by directing the respondent no. 7 being the Child Development Project Officer, Dinhata -I ICDS Project to consider the representation that was made on behalf of the petitioner on 1st July 2019 strictly in accordance with the relevant Rules/Guidelines/Circulars within a period of four months from the date of receipt of a copy of this order. The said respondent shall give an opportunity to all the necessary parties prior to taking a decision in the matter.

The said respondent shall pass a reasoned order and communicate the same to the parties within a fortnight thereafter. It is made clear that this court has not gone into the merits of this case and all points are left open to be decided by the said respondent at the time of consideration of the prayer of the petitioner. W.P. No. 23503 (W) of 2019 is disposed of.

Affidavit of service filed in court is taken on record. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)