- (1.) THE petitioner was an aspirant for the post of Auxiliary Nurse and Midwife in a Rural Health Centre in West Bengal. THE Department of Health and Family Welfare of the State of West Bengal published a notification on 6th September, 2006 at Anandabazar Patrika inviting applications from the candidates for filing up the posts of Auxiliary Nurse and Midwife on contract basis in different Rural Sub-Health Centres lying in different Districts of State of West Bengal. THE eligibility criteria of the candidates were also mentioned in the said notification.
(2.) ONE of such conditions with which this Court is presently concerned, is as follows:- (vii) The candidates must be Indian citizen and should be permanent resident of the area where the sub-health centre situates and the candidates shall apply for recruitment in the said sub-health centre only. The petitioner herein, who applied for the said post, claimed that she fulfilled all the eligibility criteria for the said post. She participated in the selection process along with the other aspiring candidates. However, she was not ultimately selected for the said appointment. The respondent no.8 who also participated in the selection process was ultimately selected for the said post and she has also been appointed in the said post. The petitioner herein complained that the respondent no.8 who was selected for such appointment was an ineligible candidate as she did not fulfill one of the eligibility criteria as mentioned in the said notification. According to her the respondent no.8 was not a permanent resident of the area where the subhealth centre situates in which she was appointed.
(3.) DESPITE complaints were made to various authorities of the concerned Panchayat Samity, the concerned authority did not consider the petitioners said grievances. Hence, the petitioner filed the instant writ petition. To establish the aforesaid contention of the petitioner that the respondent no.8 is not a permanent resident of the area where the concerned Sub-Health Centre situates, she submitted certain documents such as; letter written by the Prodhan of the Majherdabri Gram Panchayat to a Sub-Divisional Controller, Food and Supply, Alipurduar, certificate issued by the Sabhapati, Alipurduar-I Panchayat Samity certifying therein that the husband of the respondent no.8 is a resident of Village Uttar Jitpur, under Alipurduar-I Block in the District of Jalpaiguri, certified copy of the voter list of the husband of the said respondent etc. By relying upon those documents the petitioner contended that the respondent no.8 is not an eligible candidate for the said post as she is a resident of Jitpur which comes under Alipurduar-I Block and as such the concerned authority ought not to have selected her for appointment in the post in question in a Sub-Health Centre which situates within Alipurduar-II Block.;