- (1.) The Petitioner. Lakshmi Chandra (Dutta) prays for an Order Commanding upon the Respondents to appoint her on the post of an Auxiliary Nurse-cum-midwife (revised) under the Daulatabad Sub-centre No.48 within Daulatabad village Block No. 1, District Murshidabad and to cancel the appointment/panel of appointment whereby and whereunder the private Respondent No.8 [Smt. Arpita Sen (Chandra)] was sought to be appointed for the said post under the Daulatabad Sub-centre No. 48 referred to above. Let it be recorded that in paragraph-11 of the Writ Petition, the Petitioner has attempted to make out a ground, inter alia, that the Respondents, have shown favouritism in favour of the private Respondent who is not even eligible for the said post in question.
(2.) Upon a perusal of the Order that was passed on 22.4.2009, it appears that the Hon'ble Mr. Justice Dipaukar Datta had recorded the submissions of the Petitioner of the learned Counsel f or the Petitioner to the effect that the Private Respondent No.8 was not a resident of village Daulatabad but was a resident of Maharaja Nanda Kumar Road, P.O. Khagra, Dist. Murshidabad. This has been stated by the Petitioner in paragraphs-7 and 8 of the Writ Petition. Considering the said submissions, an interim Order was passed on 22.4.2009 which was made operative for a period of 14 days or until further Orders. whichever was earlier, and the said Order was granted in terms of Prayer (f) of the Writ Petition to the effect that the Respondents be restrained from issuing appointment letter to the Private Respondent.
(3.) However, on 6.5.2009, the said Hon'ble Judge, on perusal of documents produced by the Private Respondent to the effect that she was in fact, a resident of Daulatabad village, modified the interim Order observing that the Private Respondent shall be entitled to undertake the training but it shall abide by the result of the Writ Petition.;