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2015 Supreme(Cal) 350

NISHITA MHATRE, ASHA ARORA
State of West Bengal – Appellant
Versus
Chaitali Das – Respondent


Advocates:
Advocate Appeared:
For the appellants/State : Mr. Joytosh Majumder Mrs. Debjani Roy.
For the respondent: Mr. D.N. Roy Mr. Shyamal Kumar Ghosh Mr. Rajesh Kumar Shah.

JUDGMENT :

Asha Arora, J.

1. The writ petitioner/respondent had applied for the post of Anganwadi Worker pursuant to an advertisement dated 5th July, 2006 which was published as per Memorandum dated 25th January, 2006. The aforesaid advertisement stipulated as follows:

“The candidate for the post of Anganwadi Worker should have a Madhyamik or equivalent pass certificate. SC, ST candidate can apply only if they have passed class VIII. Graduate and above cannot apply for the post. If the results of the graduation examination are not declared on the date of the publication of the notice, then the applicant can apply.” The writ petitioner was duly selected and appointed as an Anganwadi Worker whereafter it was detected that she had completed her graduation before applying for the post and in suppression of the said fact, she had given a false declaration regarding her educational qualification. Her appointment was accordingly terminated by a letter dated 2/12/2009 the relevant portion of which reads thus:

“As reported by the concerned authority, she completed graduation before applying for the post of Anganwadi Worker and so, as per terms and conditions of the appointment, her service is

























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