DIPALI GHOSH (KANJI) AND ORS. Vs. STATE OF WEST BENGAL AND ANR.
LAWS(CAL)-2012-1-448
HIGH COURT OF CALCUTTA
Decided on January 19,2012

Dipali Ghosh (Kanji) And Ors. Appellant
VERSUS
State Of West Bengal And Anr. Respondents

JUDGEMENT

BISWANATH SOMADDER,J. - (1.) Let the report in the form of an affidavit filed on behalf of the respondent no. 10 be kept on record.
(2.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the report of the respondent no. 10, it appears that the writ petitioners, who are peoples' representatives, participated in the recruitment process for the post of Accredited Social Health Activist (ASHA) under Uluberia-I Development Block. Although the petitioners were placed at the top of the panel, their names were excluded subsequently upon preparation of a revised panel since on 28th October, 2010, a Government memo was issued by the Mission Director (NRHM) and Secretary whereby it was clarified that no peoples' representative would be eligible to be engaged as ASHA.
(3.) In the facts of the instant case, it is the admitted position that the petitioners are all peoples' representatives. However, it appears that the interview process for the post in question was completed before issuance of the Government memo dated 28th October, 2010. In the said Government memo it further appears that regarding the validity of the existing panel it was reiterated that the existing panel of ASHA candidates, as sent for approval, would remain valid till further instructions. Only in cases where there was no panel, fresh selection was to be done following the guidelines issued on 4th June, 2010.;


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