Ashim Kumar Banerjee, J. - (1.) THE Sub Divisional Officer, Health and Family Welfare Department, National Rural Development Health Mission, Government of West Bengal, Berhampore, in the district of Murshidabad, published an advertisement, appearing at page 39 of the paper book, inter alia, asking for application from the eligible candidates for the post of "Auxillary Nurse and Midwife (Revised)". The application would be supported by residential certificate certifying that the candidate must be from the particular locality. The nature of certificate was also spelt out in the advertisement which would include Voter Identity Card and/or Ration Card or any Caste certificate issued by the Appropriate Authority. The appellant as well as respondent no. 8 applied for the post. They were both eligible for the post otherwise. They were short -listed by placing respondent no. 8 at the top of the panel and the appellant in the second position.
(2.) THE appellant approached the learned Single Judge challenging the inclusion of the respondent no. 8 in the panel. According to her, respondent no. 8 was not a resident of Daulatabad, at least she could not submit any supporting document in support of her residence before the cut off date. Pertinent to note, the last date of making the application was August 29, 2008. The dispute arose. The Block Development Officer heard both the parties and adopted a peculiar method, as we find from their affidavit -in -opposition. From the affidavit of the State, we find that the respondent no. 8 got her Voter Identity Card and Ration Card transferred to Daulatabad from Berhampore, long after publication of such advertisement as well as submission of her application for the post. The Sub Divisional Magistrate made discreet enquiry and observed as follows: - It appears from the report that Smt Arpita Sen, W/O - Chandan Sen off and on resides in her fathers in law's house and they are the inhabitant since long but they have also a residential house at Berhampore town where she also resides there occasionally. It also appears from the report that the villagers have no objection about their resident in the village Daulatabad Chhutipur under Daulatabad P.S. Smt Arpita Sen, W/O - Chandan Sen was also present during visit. So it tantamount from the report that: 1. Smt Arpita Sen, W/O -Chandan Sen was present during surprise visit in her residence at Daulatabad. 2. Smt Arpita Sen, W/O -Chandan Sen is the house wife of the said village. 3. The Father in Law and his husband are the native villagers of the said village and they are residing at their house since long and it is their forefather's house. It appears from the above that she will be able to discharge her duties in residing the village under the said sub centre.
(3.) ON such basis, they rejected the representation of the appellant and proceeded to appoint the respondent no. 8. We are told that she has already undertaken eighteen months training period and is now working. Learned Single Judge dismissed the writ petition vide judgment and order dated April 12, 2011, appearing at pages 104 - 108 of the paper book. We find from the judgment that His Lordship was of the view that the State was able to explain the status of the respondent no. 8. Learned Judge observed that she came to her in -law's house in Daulatabad after her marriage in 2000. Hence, the claim of the appellant that she was not a resident of Daulatabad, as on the date of advertisement was "totally misconceived". His Lordship observed that the Electoral Office recording the name in the Electoral roll was a procedural rule that could not take away right of a Hindu woman on performing Saptapadi to stay in her matrimonial home. Hence, this appeal.;