ASHOKE KUMAR DASADHIKARI,J. - (1.) The writ petitioner appeared at the selection test of 2nd ANM (Auxiliary Nurse-cum-Midwife). She was not selected because of non-consideration of additional marks secured by her in the school final examination.
(2.) Mr. Bari, learned Counsel appearing for the writ petitioner submits that the writ petitioner moved before this Hon'ble Court on earlier occasion and the writ petition was numbered as W.P. 32182(W) of 2008 which was disposed of by this Hon'ble Court and the matter was referred back to the Sub-Divisional Officer, Barasat, North 24-Parganas. Pursuant to the order of this Hon'ble Court the Sub-Divisional Officer, Barasat, 24-Parganas considered the entire matter and has decided that additional marks secured for the additional subject should not be allowed to be taken into consideration while assessing the merit of the petitioner.
(3.) Mr. Bari further submits that the same issue was decided before this Hon'ble Court in W.P. 2680(W) of 2009 (Mst. Sarbanu Khatun (Bibi) v. State of West Bengal and ors.) . It was submitted that this Hon'ble Court after hearing of the aforesaid matter has come to a conclusion that the guideline on the basis of which the impugned order was passed is not at all applicable. The order passed by the learned Single Judge of this Hon'ble Court referred the circular dated 21st July, 2008 and has come to a definite conclusion that the extra marks over and above pass marks secured by the candidate with the additional subject could not be ignored for determining the inter se merit of the rival candidates. The learned Single Judge also followed the decision of Dilip Kr. Mondal v. Union of India, reported in (2007)3 Cal. L.T. 477.;