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Calcutta High Court · body

2026 DAILYLAW 43580 (CAL)

SALMA KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/23334/2025 · 2026-09-25

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

43 2255..0099..22002266 Ct. No.15 b.das WPA 23334 of 2025 Salma Khatun Vs. The State of W.B. & Ors. Mr. Ziaul Haque Mr. Kartik Das …for the petitioner. Mr. Sananda Bhattacharyya ….for the respondent no.6. Mr. Lokenath Chatterjee Ms. Puja Sonkar …for the State. Supplementary affidavits used by the petitioner and the private respondent are taken on record. Learned counsel for the petitioner submits that the petitioner applied for the post of Accredited Social Health Activist in Farakka Block pursuant to a notification issued by the Sub-Divisional Officer, Jangipur on 3rd January, 2022. One of the criteria for such appointment was that the applicant should be a permanent resident of the area covered by the said project. Learned counsel submits that the petitioner is a permanent resident of Gohalbarihat which is the determined area for the post, whereas the private respondent is not a permanent resident of the said area. Though a certificate was issued by the concerned Panchayat in favour of the private respondent on 15th June, 2026 certifying her residence in Gohalbarihat, the 2 certificate was subsequently cancelled by the Panchayat on 18th June, 2026. According to the petitioner, since the private respondent is not a permanent resident of Gohalbarihat, she is not entitled to the post despite which she has been selected for the same. The petitioner who is entitled to the post has been denied her legitimate claim. The petitioner submitted a representation in this regard before the Sub-Divisional Officer, Jangipur on 27th August, 2026 and seeks consideration of the same. Denying such allegation, learned counsel for the private respondent submits that the concerned Panchayat has certified her residence in Gohalbarihat by a certificate issued on 20th January, 2022. A further certificate was issued in this regard on 5th December, 2025 and 15th June, 2026. In view of the rival submission of the parties, the Sub-Divisional Officer, Jangipur, being the 2nd respondent herein, is directed to deal with the representation submitted by the petitioner upon granting reasonable opportunity of hearing to the parties and take a reasoned decision within four weeks from the date of communication of this order. The parties shall be at liberty to produce relevant documents in support of their respective contention before the authority at the time of hearing. 3 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.)