Rexona Khatun Bibi Vs State of West Bengal & Ors. — Calcutta HC (2025) — LawSathi Research

Rexona Khatun Bibi Vs State of West Bengal & Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the impugned order dated 19.3.2010 of the Block Development Officer, Raninagar-I Block should be revoked/cancelled/withdrawn and the petitioner approved as 4th Sahayika of Ajmatpur S.S.K., i.e., whether the petitioner satisfied the eligibility criteria laid down in the Government Order dated 8th November, 2004 notwithstanding her age of 31 years.

Court's answer

The petitioner, who was admittedly 31 years old at the relevant time, was not qualified under Clause II(a) of the Government Order, which requires women of at least 40 years of age who have passed the Madhyamik Examination of the West Bengal Board of Secondary Education or its equivalent.

Ratio / Principle

The petitioner could not prove that she was the oldest candidate having the requisite educational qualification, as required under Clause (v) of the Government Order.

Key takeaways

Since the petitioner met neither Clause II(a) nor Clause (v) of the Government Order, the order under challenge does not suffer from any irregularity and/or illegality.ratio¶17

Detailed headnote1 paragraphs

Writ petition dismissed on contest. The petitioner sought directions to revoke/cancel/withdraw the order dated 19.3.2010 (memo no.546(7)) of the Block Development Officer, Raninagar-I Block, and to approve her engagement as 4th Sahayika of Ajmatpur S.S.K., Post Office-Chatra, District-Murshidabad. Under Clause II(a) of the Government Order No.3721(19)-PN/O/I/3S-340/04 dated 8th November, 2004 of the Department of Panchayat and Rural Development, only women of at least 40 years of age who have passed Madhyamik (or equivalent) are eligible; under Clause (v), where all eligible candidates are below 40 years, the oldest candidate with requisite educational qualification may be considered with prior approval of the Panchayat Samity. The petitioner was admittedly 31 years old at the relevant time and hence unqualified under Clause II(a), and could not establish under Clause (v) that she was the oldest qualified candidate. Holding that the impugned order suffered no irregularity or illegality, the learned Judge dismissed the writ application on contest, dismissed connected applications, vacated interim orders (if any), and made no order as to costs.

Ct No.30 27 13.1.2025

WPA 7952 of 2010

Saikat

Rexona Khatun Bibi Vs. State of West Bengal & Ors.

Mr. Golam Mastafa, Adv. Mr. Subir Sabud, Adv.

…For the Petitioner Mr. Srijan Nayak, Adv. Ms. Rituparna Maitra, Adv. …For the State

Affidavit-of-service filed in Court be kept with

the record.

The present writ petition has been preferred praying for direction upon the respondents not to give effect to the impugned order which is as under:-

“…the impugned order contained in the memo no.546(7), dated 19.3.2010 issued by the Block Development Officer, Raninagar-I Block and further commanding them to revoke, cancel and/or withdraw the same and also directing the said respondent to approve the engagement of the petitioner as 4^th Sahayika of Ajmatpur S.S.K., Post Office-Chatra, District-Murshidabad as early as possible.”

Learned counsel for the State is present. He has placed a copy of the Government Order being No.3721(19)-PN/O/I/3S-340/04 dated 8^th November, 2004, of the Department of Panchayat and Rural Development. Relevant part of the order appears as follows:-

2

“(ii) As provided in the guidelines (as amended) the candidates must have the following qualifications.

(a) Women of at least 40 years of age and having passed Madhyamik Examination of the West Bengal Board of Secondary Education or its equivalent examination will be eligible for consideration.

…..(v) In case all the eligible candidates are less than 40 years of age, oldest candidate having requisite educational qualification should be considered, with the prior approval of the concerned Panchayat Samity. However, no candidate of less than 18 years of age shall be considered.”

In the present case, admittedly, the petitioner was 31 years at the relevant time and as such was not qualified under II(a) of the said Government Order under reference. In respect of Clause (v), the petitioner could not prove that she was the oldest candidate having requisite educational qualification as required.

As such the order under challenge does not suffer from any irregularity and/or illegality.

The writ application having no merit stands dismissed on contest.

All connected applications, if any, stand dismissed.

Interim order, if any, also stands vacated.

There will be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

[Shampa Dutt (Paul), J.]