BISWANATH SOMADDER,J. - (1.) Let the report in the form of an affidavit filed by the Chief Medical Officer of Health, Hooghly, in Court today be kept on record.
(2.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant writ petition as well as the report in the form of an affidavit filed in Court today, it appears that the writ petitioner has challenged an order dated 26th April, 2011, passed by the Chief Medical Officer of Health, Hooghly.
(3.) The writ petitioner was selected for appointment as an Accredited Social Health Activist (hereinafter referred to as 'ASHA') in Manasa Mangol Upaswasthya Kendra at Gazipur under Gopal Nagar Gram Panchayat, Singur, Hooghly. Subsequently, however, one Santana Das, being the private respondent no.10 herein, filed a writ petition, being W.P.1733(W) of 2011, wherein an order was passed on 14th February, 2011, which reads as follows: "At the meeting held on 20th October, 2010, a resolution was taken by the Block Health and Family Welfare Samity to cancel the name of the private respondent from the panel in respect of Gopal Nagar. Such resolution was forwarded to the respondent No. 6 by communication dated 3rd December, 2010 wherein a direction was sought for cancellation of the name of the private respondent from the approved panel list. The decision of the respondent no.6 is known nor has any document evidencing his decision been handed to Court this day, although instructions have been filed by the Counsel for the State respondent. It is for lack of any decision taken by the respondent No. 6 that the name of the private respondent appears amongst the candidates being sent for residential training. Initially, her name, in view of the decision of the respondent no.5, was withheld from training but once again in the communication dated 17th January, 2011, by which candidates have been sent for training, her name has been included. It is on this basis, the writ petition has been filed and orders passed. Unless a decision is taken by the Chief Medical Officer of Health being the respondent no.6, the name of the private respondent will always recur for training purposes. Accordingly, the Chief Medical officer of Health, being the respondent no.6 is directed to take a decision on the communication dated 3rd December, 2010, which his office has undoubtedly received, within two weeks from the date of receipt of this order. The decision to be taken be communicated to the parties within a week thereof. The stay granted by order dated 11th February, 2011, will continue till a decision is taken by the respondent no.6. With the aforesaid direction, this writ petition is disposed of. Let the instructions filed by the Counsel for the State respondent be kept on record. Let photocopy of this order, duly countersigned by the Assistant Registrar (Court) be given to the parties on usual undertaking.";