BISWANATH SOMADDER,J. - (1.) Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the writ petitioner is essentially seeking approval of her engagement as second Auxiliary Nurse-cum-Midwife of Tintina Sub-centre situated in the district of Murshidabad.
(2.) The writ petitioner had earlier approached this Court and an order was passed on 20th November, 2008, in W. P. 26114 (W) of 2008. By the said order that writ petition was disposed of with a direction upon the writ petitioner to submit a representation addressed to the respondent no.3 annexing thereto a copy of that writ application and its annexures. The respondent no.3 was also directed to take appropriate action or pass necessary order in accordance with rules, after giving the writ petitioner as well as the private respondent an opportunity of hearing. The matter was, thereafter, heard by the Additional District Magistrate (Dev), Murshidabad, who ultimately passed an order on 9th October, 2009, and observed that the report of the Block Development Officer though accepted the fact of erosion and enrolment of the petitioner's name in the E.C.C.R. and the mother register of 14 no. Tintina Sub-Centre, yet the writ petitioner's selection could not be considered on grounds that Uttorbattala was under 19 no. Sankopara Sub-Centre. In such facts and circumstances, although no favourable order was passed, liberty was given to the Block Level Selection Committee to review the selection of the 2nd Auxiliary Nurse-cum-Midwife (ANM) post for Tintina Sub-centre after giving due opportunity of hearing to all materially interested persons. Consequently, the concerned Block Medical Officer of Health passed an order on 20th July, 2010, relevant portion whereof is set out below : "Meanwhile the candidate appealed for Hon'ble High Court and in pursuance of Memo no 376/DM dated on 18.03.2009 of collector Murshidabad in matter of W.P. No. 26114 (W) of 2008 Smt Tajkera Khatun v. State of West Bengal and Others a special enquiry was conducted by Block Development Officer Farakka and from all relevant documents it revealed that due to erosion of river Ganga some part of the Battala village was washed out and as a result villagers shifted to desolate land of Tintina village and Tintina village is partly renamed as Battala. The Uttar Battala village is under service area of Sankopara Sub-centre however this sub-centre is 4 km away from this village, but Tintina sub-centre is within 500 mtre of Uttar Battala vilage. In local enquiry the name Tajkera Khatun is found in E.C.C.R. and mother registrar of 14 No. Tintina Sub-centre. After submission of enquiry report to Additional District Magistrate (D) Murshidabad he ordered that full liberty was given to Block Health and Family Welfare Samity for selection of Tajkera Khatun as 2nd A.N. M. in Tintina Sub-centre. In this regard Jana-swasthya sthayee samity meeting was held on 06.07.2010 at meeting hall of Panchayet Samity Farakka where Sahakari Savapati, Farakka Panchayet Samity, Member Mahespur GP., Swasthya Karmadhakshya, Panchayet Samity including undersigned was attended. In the meeting all persons agreed to give appointment to Tajkera Khatun as 2nd A.N.M. and it was decided to send her name to higher authority for approval."
(3.) Thereafter, the District Magistrate, Murshidabad, in another writ petition, being W. P. 18230 (W) of 2010, passed an order which apparently contradicts the order dated 20th July, 2010, passed by the Block Medical Officer of Health, Farakka BPHC, as quoted above. The latter order of the District Magistrate dated 1st June, 2011, appears to have been passed in the absence of the writ petitioner.;