Calcutta High Court (Appellete Side)
Lutfa Khatun @ Lutfa Begum & Another vs State Of West Bengal And Others on 3 March, 2011
Author: Patherya
Bench: Patherya
3. 3.03. W.P. 1422 (W) of 2011
md. 2011
Lutfa Khatun @ Lutfa Begum & Another
-Vs-
State of West Bengal and Others
Mr. Samim Ahammed
... for the petitioner
Ms. Biswarupa Mitra
led by
Sk. Oli Md.
... for the State
By order dated 24th February, 2011 an
interim order was passed directing the authorities
not to take steps pursuant to the notification dated
14th October, 2009 till 4th March, 2011. Counsel for
the State-respondent has appeared this day and
submitted written instructions. From a reading of such instructions it appears that three vacancies in the Scheduled Tribe category could not be filled up in 2007. Two general vacancies arose due to resignation of two Anganwadi Workers after 2007. Therefore, in October 2009 when the advertisement was published in all five vacancies were available and the said vacancies had been included in the advertisement of 2009. Admittedly, the petitioners belong to the general category and as there was no vacancy in the general category in 2007, the 2 allegation of the petitioners is totally unfounded. Accordingly, the interim order granted is vacated.
To test the plea that graduate candidates were called for the interview, let affidavits be filed. Accordingly, direction is given for filing affidavits by the parties.
Let affidavit-in-opposition be filed within three weeks from date; reply thereto, if any, be filed within a week thereafter. Matter to appear in the list five weeks hence.
Instructions filed by the State-respondents be kept on record.
(Patherya, J.) 3