Dalia Barman v. The State Of West Bengal And ORS

30.11.2023 Sl. No.5 srm

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE W.P.A. No. 2694 of 2023 Dalia Barman

Versus

The State of West Bengal & Ors.

Mr. Surajit Basu, Mr. Ratan Chandra Roy ....for the Petitioner.

Mr. Subir Kumar Saha, Mr. Sourav Sarkar ...for the State-respondents.

Affidavit service is taken on record.

The writ petition is based on surmise and conjecture.

The petitioner alleges that she appeared for a selection process for engagement as an ASHA karmee, but no engagement was given to her. The petitioner apprehends that the authority was trying to favour the respondent No.8, although the respondent No.8 might have got lesser marks than the petitioner.

Under such circumstances, this Court is of the view that the petition is not maintainable as there is no cause of action as yet.

This Court does not find that either any legal right or any statutory right of the petitioner has been violated. Participating in a selection process, does not confer any right to be appointed. Moreover, the petitioner has not been able to establish that the authorities have acted in any manner, by which the petitioner has been deprived at present.

The petitioner is at liberty to take appropriate steps, if the situation so demands, when the cause of action arises.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

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

(Shampa Sarkar, J.)