Calcutta High Court (Appellete Side)
(Sg) Taslima Begum @ Taslima Khatun vs The State Of West Bengal And Others on 5 October, 2016
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
05.10.2016 W.P. 23766 (W) 2016
(13)
(sg) Taslima Begum @ Taslima Khatun
Vs.
The State of West Bengal and others
Mr. Subrata Ghosh,
Mr. Sayantan Hazra
.. for the petitioner
Mr. Pantu Deb Roy,
Mr. Subrata Guha Biswas
.. for the State
Affidavit of service, filed in Court today, be taken on record.
In this writ petition the petitioner has disputed the selection of self-help group
engaged for providing manpower for Madrasah attached to girls' hostel. The petitioner
has challenged the very selection of candidates made by the Block Development
Officer, Kaliyaganj, Uttar Dinajpur in terms of the Memo. No. 612 dated 1st March,
2016 appearing at page 21 of the writ petition. It is the petitioner's case that after the
notice was published on 31st December, 2015 they made an objection on 22nd January,
2016 which is appearing at page 19 of the writ petition.
Mr. Pantu Deb Roy, learned Counsel appearing for the State submits that the notice
appearing at page 19 of the writ petition itself shows that any application was to be filed
by anyone should have been made on or before 6th January, 2016. Since the petitioner
made the aforesaid applicatin on 22nd January, 2016, the writ petition prima facie does
not disclose any cause of action.
However, it has been pointed out by Mr. Subrata Ghosh, learned Counsel
appearing for the petitioner that even after the selection was made, the self-help group
took a decision on 28th January, 2016 in favour of one Meher Abjan, who has been
engaged as one of the persons in the aforesaid self-help group. He submits that if she
can be appointed after 28th January, 2016 there can be no reason not to consider the
petitioner's case when they submitted their application on 22nd January, 2016.
Therefore, it prima facie appears that the petitioner has some grievance which cannot be
overlooked. The petitioner, however, made a representation to the Sub-Divisional
Officer, Raiganj, Uttar Dinajpur on 5th Ajugust, 2016 to address her grievance. That
application is pending.
This Court deems it appropriate to direct the Sub-Divisional Officer, Raiganj,
Uttar Dinajpur, respondent no.5 to take a reasoned decision within eight weeks from the
date of communication of this order and after giving an opportunity of hearing to all concerns including the petitioner on the said representation dated 5th August, 2016 appearing at page 24 of the writ petition taking into consideration of the resolution of the meeting dated 28th January, 2016 appearing at page 19 of the writ petition. Needless to mention if the Sub-Divisional Officer finds that any illegality has been committed in the process of selection of self-help group, then he will take appropriate measure. With the above direction, the writ petition is disposed of. Urgent certified photostat copy of this order, if applied for, be supplied to the learned Advocates appearing for the parties subject to compliance with all requisite formalities.
( Sahidullah Munshi, J. )