- (1.) This appeal is preferred by the private respondent Debala Mondal against judgment and order dated 04.06.2012 passed by Learned Single Judge in W.P. No.12253 (W) of 2010, by which Learned Single Judge gave direction for appointment of the writ petitioner in the post of 2nd Auxiliary Nurse and Midwife within Taltala health sub-centre under Jaynagar-II, District South 24-Parganas on cancellation of appointment of the private respondent.
(2.) The back history of filing the writ petition by the respondent/writ petitioner Bandana Mondal is as follows: The writ petitioner along with the appellant and five other candidates offered their candidatures for the post of 2nd Auxiliary Nurse and Midwife within Taltala health sub-centre under Jaynagar-II, District South 24-Parganas in response to the advertisement given in the daily newspaper on 15th September, 2006. The application submitted by the writ petitioner for selection to the post of 2nd Auxiliary Nurse and Midwife was not considered by the respondent authorities and as such the writ petitioner filed W.P. 7169(W) of 2007. By disposing of the said writ petition on 13.04.2007 Learned Single Judge gave liberty to the writ petitioner to file representation before the respondent Block Development Officer who was directed to consider the said representation of the writ petitioner and to take a decision in accordance with law within a period of two weeks from the date of receipt of the said representation. The concerned Block Development Officer considered the representation submitted by the writ petitioner and communicated his decision to the writ petitioner on 26th October, 2007 that the writ petitioner did not submit the ration card showing her husband's name and that she submitted elector's photo identity card (EPIC) showing her father's name and not husband's name. The concerned Block Development Officer also conveyed to the writ petitioner on 26.10.2007 that the writ petitioner did not produce marriage registration certificate and as such there was no documentary proof in support of her marital status for which she was not eligible for selection to the post of 2nd Auxiliary Nurse and Midwife. This decision of the respondent Block Development Officer was challenged by the writ petitioner before the High Court by filing W.P. No.3227 (W) of 2008. By disposing of the said writ petitioner on 07.04.2009 Learned Single Judge passed the following order: "The impugned decision dated October 26, 2007 and Debala's appointment to the post are hereby set aside. The authorities shall make a fresh selection in terms of the employment notice, a copy whereof is at page 28. The candidates who participated in the previous process and the petitioner shall be permitted to participate in the fresh process that shall be completed within three weeks from the date of communication of this order to the Block Development Officer. Needless to say that the authorities will be free to appoint the selected person to the post after completing the fresh process in terms of this order. There shall be no order for costs."
(3.) The appellant/private respondent Debala Mondal did not contest the writ petition being W.P. No.3227 (W) of 2008, but preferred appeal being MAT 1206 of 2009 against the order dated 07.04.2009 passed in the said writ petition. The appellant prayed for stay of operation of the order dated 07.04.2009 passed in the said writ petition, but the Hon'ble Division Bench refused to stay the operation of the order passed by Learned Single Judge on the ground that the appointment of the appellant Debala Mondal to the post of 2nd Auxiliary Nurse and midwife has already been cancelled. However, the Hon'ble Division Bench extended the time limit stipulated by Learned Single Judge for completing fresh selection process till 31st March, 2010 with clarification that the appointment of any candidate pursuant to such fresh selection shall abide by the final outcome of the said appeal. It is contended on behalf of the appellant that the said MAT 1206 of 2009 was withdrawn by the appellant on 29.03.2010.;