- (1.) This appeal has been preferred assailing the judgment and order dated 17th September, 2012 passed by a Learned Judge of this Court whereby and whereunder the said Learned Judge disposed of the writ petition upon holding that the selection of the respondent No. 6 for the post in question is bad in law and also held that the entire selection process for the post in question was vitiated by gross irregularities committed by the Block Level Selection Committee. From the records, we find that on an earlier occasion a writ petition was filed at the instance of the respondent No. 6 herein being W.P. 6354(W) of 2007 which was finally disposed of by the order dated 20th September, 2007 passed by a Learned Judge of this Court whereby the said Learned Judge directed the District Magistrate, Murshidabad to pass a reasoned order upon considering the grievances of the writ petitioner viz. the respondent No. 6 herein. Pursuant to the said order, the District Magistrate, Murshidabad passed a reasoned order in the matter on 29th September, 2011.
(2.) The relevant extracts from the said order of the District Magistrate, Murshidabad are set out hereunder: Now all the documentary papers are examined and verified with their originals and the following findings are derived: (1) The petitioner, Tajmira Khatun filed application on 1.11.2006 following the advertisement. No proof of residential status is found tagged with the application form, though she has claimed that she submitted a copy of her Voter Identity card as stood on 1.1.2006 with her application along with other requisite papers. (2) The private respondent, Subhra Dubey (Haider) Submitted her application on 31.10.2006. The application contains a copy of her Voter Identity card as stood on 1.1.2006 along with other requisite papers. (3) The register of application reveals that 13 Nos. of candidates submitted applications for the post of 2nd ANM for Gholla S.S. It appears that Subhra Dubey (Haider) was kept in 1st position with 42.33% of Score and one Sahanara Khatun was placed as 2nd with 39.44% of Score in order of merit. The entries in the register is unsigned and unauthenticated and it is found that all other candidates were not considered for selection for one or other reason though eight candidates Scored higher marks than the private respondent, Subhra Dubey (Haider). The reasons of non-consideration of the candidature of higher Scoring candidates in four cases were mainly for non-submission of residential proof. The petitioner, Tajmira Khatun was not empanelled on grounds of non-submission of residential proof though she was the highest Scorer with 53.5% marks in order of merit. (4) The then Block Level Selection Committee Selected Subhra Dubey (Haider) as the topper but there is no proof that proper scrutiny of the applications was done by the Block Level Selection Committee and they took no resolution to complete the process of selection. (5) The appointment issued in favour of Subhra Dubey (Haider) is a wrongful act as it violates the very operative direction of the Hon'ble High Court given through order dated 20.9.07 in W.P. No. 6354 (W) of 2007. Hence, the wrong done in any state of the process of Selection cannot be allowed to continue. Under the above stated facts and circumstances I am constrained to state that the Selection process in selecting Subhra Dubey (Haider) for the post of 2nd ANM for Gholla S.C. under Beldanga-II Block was not fair and not done according to norms and guidelines issued by the Health and Family Welfare. Department, Govt. of West Bengal. The Block Level Selection Committee failed to discharge their duty properly, and it was not beyond doubt that there was a manipulation in selecting the candidate for 2nd ANM. Hence, it is ordered that the selection of Subhra Dubey (Haider) for the post of 2nd ANM for Gholla Health Sub-centre is null and void. The Block Medical Officer of Health, Beldanga-II is directed to terminate the provisional appointment on contractual basis issued in favour of Subhra Dubey (Haider) and take her back from duty. The Block Development Officer, Beldanga-II who is the Chairman of the B.L.S.C. is directed to select the Writ Petitioner, Tajmira Khatun for the post of 2nd ANM for Gholla S.C. and send her name for sending training through the process of selection as per norms within 30 days of receipt of order. The matter is thus disposed of. Let a plain copy of this order be served upon all concerned. Sd/- District Magistrate & Collector, Murshidabad.
(3.) On examination of the aforesaid findings of the District Magistrate & Collector, Murshidabad, it appears that the respondent No. 6 viz. Tajmira Khatun was not empanelled due to the non-submission of the residential proof although she was the highest scorer with 53.5% marks. The District Magistrate & Collector, Murshidabad ignoring the aforesaid fact directed the Block Development Officer, Beldanga-II to select the said Tahmira Khatun for the post of 2nd ANM for Gholla S. C. and sent her name for training through the process of selection as per norms.;