BISWANATH SOMADDER,J. - (1.) Affidavit of service filed in Court today be kept on record.
(2.) After considering the submissions made by the learned advocates for the parties and upon perusing the instant application, it appears that the writ petitioner participated in the selection process for the post of 2nd Auxiliary Nurse-cum-Midwife of Kshiragram Health Sub-centre and was provisionally empanelled for the said post on 9th November, 2011. Subsequently, however, the private respondent no.7 appears to have filed a written complaint against the writ petitioner on 14th November, 2011, complaining of her residential status. Since the complaint was filed within seven days from the date of publication of the provisional panel, it was duly enquired and scrutinised. It appears from the memo dated 25th November, 2011, issued by the Sub-Divisional Officer, Katwa, that the writ petitioner could not be treated as a resident of village Kshiragram on the following grounds : i) she has started to live in the village Kshiragram in a rented house very recently to get the opportunity of being selected as 2nd ANM in Kshiragram Health Sub Centre; ii) she has transferred her Ration Card as a proof of residence which issued on 27.10.2011 after the publication of the advertisement related to the selection of 2nd ANM on 18.10.2011 in the 'Ananda Bazar Patrika'; iii) she is till a voter of a nearby village Jabagram though subsequently to prove herself as a resident of village Kshiragram, she has applied for enrollment of her name in the voter list of Kshiragram village which yet to be published.
(3.) In such facts and circumstances, it was decided by the Sub-Divisional Officer, Katwa, that for the sake of justice and to ensure fairness in the selection process of the 2nd Auxiliary Nurse-cum-Midwife, the writ petitioner's name could not be considered to be finally empanelled for Kshiragram Health Sub-Centre and thus the panel for the concerned Sub-Centre was directed to remain vacant.;