Protik Prakash Banerjee, J. - (1.) This petition under Article 226 of the Constitution of India is at the instance of 39 persons. The principal prayers in the writ petition including the one after the prayer for Rule Nisi, are as follows: - a. A writ of in the nature of Mandamus commanding the respondents, their men, agents and subordinates to allow all the petitioners to appear in the selection process promotion in the post of Anganwadi Workers in terms of the Notification being No. 36/ICDS/DPG dated 29.1.2019 issued by the respondent no.3 treating the qualification of your petitioner Class X passed as valid document. b. A writ of in the nature of Mandamus commanding the respondents, their men, agent and subordinates to cancel and/or rescind and/or withdraw the purported decision, if any, in allowing the petitioners to appear in the selection process of promotion in the post of promotion in the post of Anganwadi Workers in terms of the Notification dated 29.1.2019 issued by the respondent no.3. c. A writ of in the nature of Mandamus commanding the respondents, their men, agents and subordinates not to give any effect any effect for further effect the result of selection process in any manner for the post of Anganwadi Worker in terms of the Notification dated 29.1.2019 issued by the respondent no.3. d. A writ of in the nature of Mandamus commanding the respondents, their men, agents and subordinates to proceed de novo of selection process for promotion in the post of Anganwadi Workers in terms of the Notification dated 29.1.2019 issued by the respondent no.3. e. A writ of in the nature of Mandamus commanding the respondents, their men, agents and subordinates to cancel and/or rescind and/or withdraw the entire selection process for the promotion in the post of Anganwadi Workers in terms of the Notification dated 29.1.2019 issued by the respondent no.3. f. A writ of in the nature of Certiorari commanding the respondents, their men, agents and subordinates to produce and transmit the entire case records before this Hon'ble Court so that "condensable" (sic) may be rendered upon consideration of the same. There was a Rule Nisi prayed after these prayers and then, a prayer (h). (h) An appropriate order be passed directing the respondents their men, agents and subordinates not to give any effect or further effect to the result of the selection process for promotion in the post of Anganwadi Workers in terms of the Notification dated 29.1.2019 issued by the respondent no.3. Since no prayer for issuance of Rule Nisi has been made in respect of prayer (h), I think it will be safe to restrict myself to the other prayers since they still deal effectively with the reliefs prayed for by the writ petitioner. An interim order had been passed on contest on February 13, 2019 that the respondents were at liberty to continue with the promotion process but were not to issue final order of promotion, initially for a limited period which was subsequently extended from time to time and was subsisting till September 9, 2019. It was subsisting when I reserved judgment on September 2, 2019 and naturally, it was expected that nothing would be done till I delivered judgment.
(2.) The immediate cause for the petitioners to approach this Court was the oral refusal of the respondent no.3 to issue admit cards to the 39 writ petitioners, individually, purportedly on the ground that the 'Class X passed' certificates produced by the petitioners as eligibility condition for the petitioners, all of whom were Anganwadi Helpers in employment in different Panchayats in Dhupguri Block in the District of Jalpaiguri, as stated in paragraphs 11 and 12 of the writ petition. The writ petitioners submitted that they had put in deficit court fees.
(3.) Affidavits and supplementary affidavits were allowed to be used, and respective counters/replies thereto were filed and taken on record. An application for vacating the interim order was made and affidavits used therein. To expedite hearing of the matter, with the consent of the parties I chose to take the main writ petition up for hearing alongwith the said CAN 3769 of 2019.;