Calcutta High Court (Appellete Side)
Sabnam Seuli vs The State Of West Bengal & Ors on 20 March, 2014
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
03
20.03.2014
pg.
WP No. 31091 (W) of 2013
Sabnam Seuli
Vs.
The State of West Bengal & Ors.
With
WP No. 21101 (W) of 2011
Anowar Hossain
Vs.
The State of West Bengal & Ors.
Mr. Sudeep Sanyal
Mr. Miftahal Israr
Mr. Atarul Hoque Molla
... For the petitioner in WP 31091 (W) of 2013
& respondent no.7 in WP 21101 (W) of 2011
Mr. Tapan Mukherjee, Sr. Advocate Mr. SM Samim Ullah ... For the State Upon perusing the lay note of the learned Registrar General, this Court accepts the steps taken by him to ensure that files are sent to the concerned Court as soon as they are received by the Mandamus Section. The apology tendered by the Mandamus Section is also accepted and this issue is now closed from further judicial scrutiny in the instant writ proceeding.
The issue sought to be raised in both the writ petitions centers around the same selection process, and as such, the matters are taken up analogously and disposed of as follows:-
Sabnam Seuli, being the writ petitioner in WP No.31091 (W) of 2013, and Anowar Hossain, being the writ petitioner in 2 WP No.21101 (W) 2011, participated in a recruitment process for the purpose of being engaged as an AYUSH doctor for Ghoshpara Gram Panchayat, situated under Jalangi Development Block, in the district of Murshidabad.
In Anowar Hossain's writ petition, he has prayed, inter alia, for issuance of a writ in the nature of mandamus commanding the respondents to take fresh interview of candidates including the petitioner for the post-in-question. He has alleged that a panel was illegally prepared without taking any interview.
So far as Sabnam Seuli is concerned, she has approached this Court praying, inter alia, for issuance of a writ in the nature of mandamus commanding the Block Development Officer of Jalangi Block to issue appointment/engagement letter in her favour, after completion of all formalities. It is her case that the interview was duly held and she is a successful candidate and, as such, she ought to be favoured with an engagement.
It is noticed from record that Sabnam Seuli has already been added as a party in respect of Anowar Hossain's writ petition, being WP No.21101 (W) of 2011.
It is submitted by the learned advocate for the State that the relevant records would demonstrate that the selection process was duly held and the only reason why the concerned authority has not taken further steps in the matter is due to pendency of these two writ petitions. He has also submitted that Anowar Hossain, being the writ petitioner in WP No.21101 (W) of 2011, was actually present on the date of interview, i.e., 6th 3 December, 2010, and had secured 9.9 marks, whereas Sabnam Seuli had obtained 17.8 marks.
In view of the categorical stand taken by the State, there is no manner of doubt whatsoever that there has been no infirmity or illegality in respect of the selection process wherein both the petitioners participated. The reason why the selection process could not be completed till date is only due to pendency of these two writ petitions. There is no plausible reason as to why there should be any further delay for completion of the selection process, especially when the engagement of an AYUSH doctor in respect of Ghoshpara Gram Panchayat is being held up because of these two matters.
As such, the writ petitions are disposed of with a direction upon the concerned State authority to take immediate steps to complete the selection process and issue an engagement letter in favour of the successful candidate in accordance with law.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)