Pranab Kumar Deb, J. - (1.) The writ petitioner has filed two writ petitions, (i) W.P. 30189 (W) of 2008 with a prayer for direction upon the District Magistrate, Dakshin Dinajpur to recall the order issued by him whereby selection in favour of the private respondent No.8. Dipannita Deb Sinha (Sen) for the post of 2nd Auxiliary Nurse and Midwife for Rajapur Health Sub-centre was accorded and (ii) W.P. 12807 (W) of 2009 with a prayer for direction upon the respondent Nos. 2 to 7 to issue appointment letter in favour of the writ petitioner in trialing the candidature of the private respondent No.8 as cancelled and the application, being CAN 6513 of 2009, has been filed by the private respondent No.8 for a direction upon the concerned authorities to permit private respondent No.8. Dinannita Deb Sinha (Sen) to join duties for the post of 2nd Auxiliary Nurse and Midwife for Rajapur Health Sub-centre.
(2.) Alleging that the private respondent No.8. Dipannita Deb Sinha (Sen) was not a permanent resident of Rajapur Health Sub-centre, the writ petitioner namely, Sadhana Barman (Roy) earlier filed a writ petition being W.P. No.7418 (W) of 2007. In disposing of the aforesaid writ petition the Writ Court directed the District Magistrate, Blaurghat, Dakshin Dinajpur to look into the matter and take a decision in accordance with law after giving an opportunity of hearing to both the petitioner as well as to the respondent No.8.
(3.) Acting on the direction of the Writ Court the District Magistrate, Balurghat, Dakshin Dinajpur initially directed the Screening Committee to conduct an inquiry. Thereafter in modification of the earlier order, direction was given to the Sub-Divisional Officer. Gangarampur at Buniadpur to cause an enquiry to ascertain as to whether the private respondent No.8 was actually a resident of Rajapur even after her marriage. The enquiry was conducted in terms of the direction of the District Magistrate. Balurghat, Dakshin Dinajpur by the Sub-Divisional Officer, Gangarampur after affording opportunity to both the parties to vindicate their respective stands. In his report, the Sub-Divisional Officer, Gangarampur has confirmed that the private respondent No.8. Dipannita Deb Sinha (Sen) is still a resident of Saraihat Baie Denor under the area of Rajapur Health Sub-Centre. Accepting such report the appointment letter has been issued in favour of the private respondent No.8. Dipannita Deb Sinha (Sen).;