BISWANATH SOMADDER,J - (1.) THE writ petitioner being aggrieved by the selection process adopted by the respondents authorities for the post of ASHA worker at Gokulpur Gram Panchayat situated in the district of Purba Medinipur applied before the Pradhan of the said Gram Panchayat under the Right to Information Act, 2005, seeking certain information regarding the panel prepared for the post-in-question and the marks obtained by all candidates who participated in the selection process.
(2.) UPON obtaining such information, she found that based on the aggregate score of marks obtained on the basis of academic result and the marks obtained in vivavoce, she ought to have been placed a higher position than the private 2 respondent no.8, in the panel prepared for the post-in-question. Thus, she filed the instant writ petition based on the information obtained under the Right to Information Act, 2005. According to the learned advocate for the petitioner, the private respondent no.8 had obtained 385 marks in the Madhyamik Examination which translates to 34.22 marks out of 80 marks allotted against academic result. The private respondent no.8 secured 13.50 marks out of 20 marks allotted for viva-voce. Thus, by calculation, the private respondent had secured a total of 47.72 marks. On the other hand, the writ petitioner had obtained a total of 367 marks in her Madhyamik Examination which translates to 32.62 marks on account of her academic result and 16 marks for viva-voce. Thus, the writ petitioner obtained an aggregate score of 48.62 marks, which is higher than the aggregate score of the private respondent no.8, who had secured a total of 47.72 marks.
(3.) WHEN the writ petition was initially moved an order was passed directing the respondent authorities to produce the records of the case pertaining to the advertisement issued on 24th June, 2010, for the post-in-question on the following date of hearing. However, the same was not produced on the adjourned date and, thereafter, direction for filing of affidavits was passed and ultimately the matter has been placed under the heading "For Final Disposal" upon exchange of affidavits. In the affidavit-in-opposition filed by the Block Medical Officer of Health, Gonara BPHC, District - Purba Medinipur, being the respondent no.6, it has been stated that the private respondent no.8 had appeared in the Madhyamik 3 Examination in March, 1988, and passed in all groups but got compartmental in the Science Group. In the subsequent year, i. e., 1989, the private respondent no.8 cleared her Science Group upon obtaining 181 marks. Thus, on an aggregate, the respondent no.8 had obtained 453 marks out of 900 marks in her Madhyamik Examination and not 385 marks, as alleged by the writ petitioner.;