MD SUREBORDDIN KHAN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2012-8-152
HIGH COURT OF CALCUTTA
Decided on August 14,2012

Md Sureborddin Khan Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) In terms of the order dated 6th August, 2012, the concerned Block Development Officer, who is also the Executive Officer of Berhampore Panchayat Samity, is personally present in Court.
(2.) On his behalf, learned advocate for the State appears and tenders unqualified apology for not complying with the order dated 17th July, 2012. He also prays for leave to file a report in the form of an affidavit, which may be taken on record. After considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the report in the form of an affidavit filed in Court today, it appears that the petitioner along with private respondent no.10 participated in the recruitment process on the basis of an advertisement dated 29th March, 2010, for the post of AYUSH doctor (Homoeopathic) for Bhakuri -II Gram Panchayat, which falls within the jurisdiction of Berhampore Panchayat Samity, situated in the district of Murshidabad.
(3.) It is the specific contention of the petitioner that although he had all the required qualifications and was a permanent resident of the locality, the private respondent no.10 had secured the appointment for the post -in -question. According to the learned advocate for the petitioner, in terms of the notification dated 29th March, 2010, issued by the State Public Health Cell of West Bengal State Rural Development Agency, an applicant for the post of a part time AYUSH doctor in a Gram Panchayat level dispensary on contractual agreement under the National Rural Health Mission, is bound to follow the general instructions for candidates, as contained in the said notification, which contains, inter alia, the following clause: "Attested copy of the mark sheet and other certificates along with the age proof and permanent residential proof (Voter Identity Card) will have to be enclosed with application".;


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