NIRUPAMA MONDAL Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-636
HIGH COURT OF CALCUTTA
Decided on January 03,2012

Nirupama Mondal Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

PATHERYA, J. - (1.) None appears on behalf of the petitioner.
(2.) By this writ petition, the petitioner seeks to challenge the order dated 20th July, 2011.
(3.) The case of the petitioner is that she applied for the post of Additional Para Teacher for Madhpur-Fewgram Prathamik Vidyalaya. Her name was placed at serial No.1 in the panel and for non-grant of approval, the petitioner has been deprived of the letter of appointment. W.P. No.28055 (W) of 2008 was filed by the petitioner for grant of approval to the panel prepared on the basis of an interview held on 17th November, 2006. While disposing of such Writ Petition on 6th January, 2011, the respondent No.2 therein was directed to consider grant of approval to the panel along with the objection filed by the private respondent, Rita Mondal. The same was considered by the respondent No.2 and an order was passed on 20th July, 2011. The said order dated 20th July, 2011 is bad, as in not granting approval to a panel, which was prepared on 17th November, 2006, the authorities have disclosed the vindictive attitude and malafide intention, as on that date, there was no objection filed. Therefore, there was nothing to prevent the authorities from approving the panel. The respondent authorities did not disclose to the petitioner that an objection had been raised. The petitioner has been the permanent resident of Village-Madhpur and therefore, was entitled to participate in the selection process. The documents relied on by the respondent No.2, are not proof of permanent residential status of the petitioner. Therefore, the order dated 20th July, 2011 be set aside.;


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