- (1.) In all these cases, the Petitioners have prayed that the Respondents be mandated to appoint them on the post of Auxiliary Nurse-cum-Midwife (ANM) in the different Health sub-centers fur which they had applied.
(2.) All the above Writ Petitions have been heard together as they involve two (2) common questions. They are :- (a) Whether, the action of the Respondents in giving preference to those who passed the School Final Examination in their first attempt and screening out those who had appeared as Compartmental Candidates, can be said to he illegal and/or, arbitrary/unreasonable ?; and (b) Whether, having not indicated in the Advertisement that Compartmental Candidates would be screened out, are the Respondents estopped from subsequently adopting such a procedure ?
(3.) In all these cases the common facts are that each of the Petitioners have stated that they applied for the post of Auxiliary Nurse-cum-Midwife (hereinafter referred to as ANM) for the different Health sub-centers under their respective Gram Panchayats of the Gangarampur Block. They have each stated that they successfully passed their School-final (Madhyamik) Examinations and thereafter, they got their names enrolled with the respective District Employment Exchanges. They have brought on record their Mark- sheets which go to show that all of them passed the said exams only in their second attempt when they appeared as Compartmental Candidates.;