This single-judge order dismissed a writ petition seeking direction for immediate appointment as ASHA. The court held that the 14-year delay precluded deciding the merits and invited the petitioner to apply afresh once criteria are met.
The petition dismissed; petitioner directed to apply afresh if criteria met.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
09.12.2024 Item No.27 BR
WPA 16612 of 2010
Masura Khatun (Bibi) -vs-
State of West Bengal and ors.
Mr. Ramrishna Bhattacharyya, Mr. K. Chowdhury
…. For the petitioner
Mr. Amal Kumar Sen, Ld. AGP, Mr. Susanta Pal, Mr Lal Mohan Basu, Mr. Ananda Dulal Sarkar
… for the State
The present writ petition has been preferred praying for direction upon the respondents to cancel the impugned order dated 24.6.2010 issued by the Block Development Officer, Domkal, Murshidabad rejecting the prayer/claim of the petitioner for appointment to the post of ASHA at Juranpur Sansad-no. 10, Sub-centre under Domkal, Murshidabad.
It is submitted by the learned counsel for the petitioner that writ petition may be disposed of directing the respondents to consider the appointment of the petitioner as on date.
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It appears that 14 long years have passed. Whether the prayer of the petitioner for the said appointment was rejected in accordance with law or not cannot be considered at this stage.
The petitioner is always at liberty to apply afresh for the said post in case she meets the criteria required and which is normally to be processed by the respondents in accordance with law
WPA 16612 of 2010 stands disposed of.
There will be no order as to costs.
All connected applications, if any, stand disposed of.
Interim order, if any, stands vacated. Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.
( Shampa Dutt (Paul), J. )
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1 issue framed by the court
Whether the petitioner's petition for appointment to the post of ASHA should be directed to be reconsidered after a lapse of 14 years.
Masura Khatun (Bibi)
State of West Bengal
Shampa Dutt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
