Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 42701 (CAL)

DIPALI NASKAR v. STATE OF WEST BENGAL AND ORS.

WPA/21708/2026 · 2026-09-22

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

72 jdt. 22.09.2026 jb. WPA 21708 of 2026 (Dipali Naskar vs. State of West Bengal & Ors.) Mr. Mrinal Kanti Ghosh Mr. Chandra Nath Sarkar …. For the Petitioner Ms. Ashima Roy Chowdhury Ms. Koushikee Banerjee …. For the State Affidavit of service filed on behalf of the petitioner is taken on record. The private respondent is not represented despite service. Learned counsel for the petitioner submits that pursuant to an advertisement issued by the District Magistrate, South 24 Parganas inviting applications from eligible candidates for filling up the post of Accredited Social Health Activist, the petitioner applied for the post and was issued admit card on 17th July, 2015. It was specifically stated in the admit card that 90% weightage would be given to the marks obtained in Madhyamik or equivalent examination and 10% weightage would be given to viva voce. Though the petitioner secured 591 in the Madhyamik examination, marks obtained by her has been wrongly recorded in the score sheet of ASHA recruitment as 461. The private respondent who has scored 562 in the Madhyamik examination has been selected for the post. 2 It is crystal clear from the mark sheet of the petitioner of Madhyamik examination that she scored 591 out of 900. The private respondent scored 562 out of 900. Surprisingly the marks obtained by the petitioner has been recorded as 461 in the score sheet on the basis of which the private respondent has been shown to have obtained higher marks and has been selected for the post. Since the petitioner has obtained higher marks than the private respondent and her aggregate shall also be higher than that of the private respondent in view of 90% weightage being given to the marks obtained in Madhyamik examination, the petitioner is entitled to be appointed for the post of ASHA subject to her fulfilling other eligible criteria for the post. The writ petition is allowed. The District Magistrate, South 24 Parganas, being the 2nd respondent herein is directed to take necessary steps for rectification of the score sheet in the light of the observation made in this order. The appointment of the private respondent be cancelled. The petitioner be considered for appointment to the post of ASHA in terms of the notification issued by the authority subject to her fulfilling the other eligibility criteria for the post. The entire exercise shall be completed within four weeks from the date of communication of this order. 3 There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)