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Calcutta High Court · body

2026 DAILYLAW 30492 (CAL)

RUBINUR KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/6720/2026 · 2026-07-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25 2277..0077..22002266 Ct. No.15 b.das WPA 6720 of 2026 Rubinur Khatun Vs. The State of W.B. & Ors. Mr. Prahlad Chandra Ghosh Mr. Subir Hazra …for the petitioner. Mr. Rishab Ahmad Khan …for respondent no.6. Mr. Madhu Jana Mr. Rahul Agarwala …for the State. Learned counsel for the petitioner submits that the petitioner applied for Accredited Social Health Activist (ASHA) pursuant to a notification issued by the Government of West Bengal on 15th January, 2026. Upon fulfilling all the requisite criteria for the said post including working experience as a link person, she was called for an interview on 9th February, 2026. However, her application was turned down and the private respondent was selected for the said post. Learned counsel submits that the marks obtained by the petitioner in Madhyamik or equivalent examination is higher than that of the private respondent who has completed her 10th standard from Bihar State Madrasah Education Board, Patna. The private respondent has also no experience as required for the said post. The petitioner submitted a representation in this regard before the concerned authority on 26th February, 2 2026 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the private respondent submits that the private respondent has obtained higher marks than the petitioner in the class 10 board examination and possesses the requisite experience for being appointed as ASHA. A candidate applying for the said post is required to clear Madhyamik or equivalent examination from a board affiliated/registered/recognized by the Government of India or Government of the States. Therefore the certificate submitted by the private respondent is in terms of the eligibility criteria laid down by the authority and has therefore been accepted. The private respondent has qualified for the post and has been duly selected. This Court is informed that the private respondent has joined the post. The issues raised by petitioner need to be considered by the appropriate authority. Since the representation submitted by the petitioner before the authority is pending, the Sub-Divisional Officer and Member Secretary, ASHA Selection Committee, being the 2nd respondent herein, is directed to consider and dispose of the same within four weeks from the date communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner and the private respondent, in accordance with law. 3 The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)