NAMITA SARKAR Vs. STATE OF WEST BENGAL
LAWS(CAL)-2012-6-72
HIGH COURT OF CALCUTTA
Decided on June 18,2012

NAMITA SARKAR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THE writ petitioner approaches this Court in a third round of litigation. She had initially filed a writ petition, being W. P. 17951 (W) of 2010, which was dismissed by this Court in terms of an order dated 11th January, 2011, whereby it was pleased to uphold the decision of the District Magistrate, North 24 Parganas. Such decision was rendered by the said District Magistrate pursuant to an order passed in another writ petition, being W. P. 18122 (W) of 2009, which was filed by one Maya Das (Hari) challenging the selection of Namita Sarkar (Mandal), being the writ petitioner herein.
(2.) SUBSEQUENTLY , the writ petitioner filed another writ petition before this Court, being W. P. 1576 (W) of 2011, challenging the selection of the private respondent No. 8 as an Auxiliary Nurse and Midwife (ANM) for Patshimulia Sub-Centre, situated in the district of North 24 Parganas. This writ petition was disposed of in terms of an order dated 28th February, 2011, relevant portion whereof is quoted hereinbelow :- "As a representation has been made and received by the respondent No. 2 let such representation be considered by the respondent No. 2 within three weeks from the date of receipt of this order after giving an opportunity of hearing if necessary to the parties and by passing a reasoned order. The order to be passed be communicated to the parties within a week thereof. With the aforesaid direction, this application is disposed of." Pursuant to the aforesaid order dated 28th February, 2011, the matter was taken up for consideration by the Mission Director, National Rural Health Mission, who passed an order on 30th September, 2011, which is now impugned before this Court.
(3.) THE Mission Director, in the impugned order has held, inter alia, that the writ petitioner's selection as the 2nd Auxiliary Nurse and Midwife (ANM) of Patshimulia Sub-Centre in Sundarpur Gram Panchayat of Bangaon Block stood rejected on the ground of her ineligibility for not being a resident of the service area of Patshimulia Sub-Centre.;


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