SAIBI KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Writ petition has been filed by the writ petitioner being aggrieved and dissatisfied with the gross violation of natural justice, inaction by the Respondent Authorities for not granting appointment to the petitioner in an arbitrary manner.

(2.) The writ petitioner had passed Madhyamik Examination and is a resident of Village- Hijoltala within the area of Dhuliyan Municipality, P.O.- Samsergang, District- Murshidabad. The Samsergang Child Development Project Officer had issued an advertisement on 6th July 2006, inviting application from women under the Dhuliyan Municipality areas for the post of Anganwari Karmee. In the said Advertisement, the conditions and guidelines regarding the eligibility criteria was given. The age of the applicants was to be from 18 to 45 years on 1.7.2006 and their educational qualification was to be Madhyamik pass but candidates having graduate qualifications were not eligible. For appointment of Anganwari Karmee both written and oral test and interview was to be held and women from the area of Dhuliyan Municipality were eligible to apply for the said post. This was the guideline stated in the advertisement. About 540 candidates including the writ petitioner applied for the post of Anganwari Karmee and the petitioner was issued an admit card to appear for the written test fixed on 27th August 2006. Out of 540 candidates, 287 women passed the written test including the petitioner and they were asked to participate in the oral interview. The petitioner appeared before the Child Development Project Officer of Samsergang on the date fixed and as the interview was good, the petitioner expected to be given employment in the post of Anganwari Karmee in the area of Dhuliyan Municipality, where she resides. But on 2.11.2006, a list containing 32 names of candidates were placed on the notice board but the petitioner was surprised to see that the candidates who were selected for the post of Anganwari Karmee had higher qualifications such as graduation, while the candidates including the petitioner having Madhyamik qualification were deprived. The petitioner has stated in the writ petition that there was 36 vacancies for the post of Anganwari Karmee out of which 21 vacancies for general categories and 2 vacancies reserved for schedule tribe and remaining 11 vacancies are for schedule caste and other backward class candidates.

(3.) That the entire selection for the vacancies was made illegally without following the condition and guidelines given in the advertisement as the candidates selected are all graduates with higher education qualification though in the advertisement it stated that Madhyamik pass candidates would be eligible for the post of Anganwari Karmee and candidates having graduate qualification would not be eligible.