JUDGEMENT
SHAMPA DUTT (PAUL), J. -
(1.)The Petitioner's case in this Writ Petition is as follows:-
"........In response to an advertisement inviting applications for selection of Auxiliary Nurse and Midwife (ANM) in Balia health sub centre at 1 no Silinda Gryam Panchayat under rural heath mission the petitioner applied as having requisite qualification.
On scrutiny of the applications submitted in response to that the concerned respondent authority prepared a select list/panel for selection of Auxiliary Nurse and Midwife (ANM) in Balia health sub centre at 1 no Silinda Gryam Panchayat under rural health mission, in which the petitioner figures at the first position in respect of the said health sub-centre.
That primarily on apprehension which was created in her mind owing to conduct of the concerned respondent authority that the panel in respect of her health sub centre would not be considered and selection would be made amongst the persons who can otherwise satisfy their demand, she preferred an application under Article 226 of the Constitution of India in this Hon'ble High Court which was numbered as W.P. No. 30463(w) of 2008. That no selection/appointment was made at that point of time in the said health sub centre.
The said application was disposed of on 16/01/2009 by an order inter alia directing the concerned authority to consider the case of the petitioner regarding appointment in accordance with law.
That on 6/2/2009 the concerned authority in complete disregard of the panel prepared for the purpose of appointment of Auxiliary Nurse and Midwife (ANM) in Balia health sub centre at 1 no Silinda Gryam Panchayat under rural health mission, gave appointment/communicated selection letter to the respondent no. 7, herein, for training/appointment in the said post. The said fact came to the knowledge of the petitioner on or about 7/4/2009.
That the concerned authority's such action is imbued with bias and malafide and completely in violation of fair play and legal principles........."
(2.)Written notes as to the petitioner's case has been filed.
(3.)As directed, the State has filed a "Comprehensive Statement of facts" in Court.
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