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PATHERYA, TAPASH MOOKHERJEE
State of West Bengal – Appellant
Versus
Somashree Khatun – Respondent


Advocates Appeared:
For the Appellants :Mr. Biswajit De, Ms. Shabana Hasin, Advocates.
For the Respondent:Mr. Debabrata Saha Roy, Mr. Indranath Mitra, Advocates.

JUDGMENT :

The order under appeal is dated 13th August, 2013 whereby the Trial Court held that as the Chairman of the Municipality as well as M.L.A., in whose constituency the petitioner resides, had submitted the certificate, the eligibility criteria had been fulfilled by the respondent no. 1/writ petitioner and the defect cured. Therefore, the respondent no. 1/writ petitioner ought to be allowed to participate in the selection process.

2. Counsel for the appellants submits that the advertisement for admission to the General Nursing & Midwifery (G.N.M.) course was published. By Clause 7 it was mandated that the applications be accompanied by original or photostat copies of the documents. One of the requirements, was the residential certificate, issued by the Chairman of the Municipality. In the case of the respondent no. 1/writ petitioner, as she is the resident of Krishna Nagar Municipality, the Chairmans certificate would be needed but while submitting her application, the respondent no. 1/writ petitioner submitted a certificate, issued by the Councillor of Ward No. 15 of the said municipality, which is contrary to the criteria set out in the advertisement. Therefore, her candidat





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