Smt. Jali Dash (Panda) vs The State Of West Bengal & Others
2023 Latest Caselaw 63 Cal

03.01.2023
Item no.4.
Court No.6.
  AB
                               M.A.T. 717 of 2022
                                      With
                               IA CAN 1 of 2022

                            Smt. Jali Dash (Panda)
                                      Vs
                       The State of West Bengal & Others

                    Mr. Jayanta Kr. Das,
                    Sk. Anwar Ali,
                    Ms. Madhumanti Das       ....for the Appellant.

                    Ms. Chaitali Bhattacharya,
                    Mr. Kartick Ch. Kapas .....for the State.

                    Mr. Anindya Bose,
                    Mr. Diptendu Mondal,
                    Mr. Nikhil Kr. Gupta     .....for the Respdt. No.9.


                    A Judgment and Order dated March 14, 2022,

              whereby the appellant's writ petition being WPA 23507

              of 2014 was dismissed by a learned Single Judge, is

              the subject matter of challenge in this appeal.

                    The appellant/writ petitioner had applied for the

              post of "ASHA" under Barida Gram Panchayet, Purba

              Medinipur. Alleging that she was not called for

              interview, she moved a writ petition being W.P. No.

              2485 (W) of 2014. The writ petition was disposed of by

              permitting the writ petitioner to make a representation

              to the concerned Sub-Divisional Officer, who was

              directed to take a reasoned decision thereon.

                    The writ petitioner submitted a representation to

              the concerned Sub-Divisional Officer, who disposed of
                             2




the same by an order dated July 30, 2014. The Officer

recorded a short order that the application of the writ

petitioner was not considered and she was not called

for interview since she did not submit her Madhyamik

mark-sheet with the application form. It was on the

basis of performance in the Madhyamik examination

that   the    candidates   were   being   assessed    and

evaluated. In the absence of the Madhyamik mark

sheet, the writ petitioner's application could not be

processed.

       This order of the Sub-divisional Officer was

challenged by the writ petitioner in the present round

of litigation before the learned Single Judge. The

learned Judge dismissed the writ petition. Hence, this

appeal.

       We are told that the respondents were not called

upon to file affidavits before the learned Single Judge.

In any event, affidavits were not filed. We are of the

view that the stand of the respondents should be

brought on record.

Let affidavit-in-opposition to the stay petition be

filed within three weeks from date (24.01.23). Reply

thereto, if any, be filed within a week thereafter

(31.01.23).

List the matter once again four weeks hence

(31.01.2023) under the same heading.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)