The importance of diligence in pursuing legal remedies and the limitation on challenging selection processes after a considerable delay.

JUDGMENT

1. Writ petition 6879 (W) of 2011 was filed by Shakila Bibi @ Khatun praying for issuance of a writ of mandamus inter alia praying for not giving effect to the impugned order dated 4t h March, 2011 passed by the District Magistrate, Birbhum rejecting her representation.

2. The said Shakila Bibi challenged the selection of Nure Shobha Begum the private respondent no. 7 in the said writ petition, in the post of ASHA on the ground that she was not the resident of the village in which the ASHA will be engaged.

3. In compliance of a direction passed by this court on 3r d February, 2011 in WP No. 20009 (w) of 2010 filed by Shakila Bibi the District Magistrate, Birbhum considered the matter and after hearing the submissions made on behalf of all the necessary parties passed the impugned order on 14t h March, 2011 whereby he was of the opinion that the empanelment of Nure Shobha Begum in serial no. 1 of the panel prepared for engagement of ASHA in village Bahirgora, under Hassan II Gram Panchayat was justified and proper and the allegation of the petitioner that the private respondent was not a resident of the village where the ASHA was to be appointed was negated. The District Magistrate was of the firm opinion that the private respondent was the resident of the village concerned and he held that the empanelment was made after observing all the terms and conditions of the advertisement.

4. The primary contention of Shakila is that on the date of the advertisement Nure Shobha neither had a ration card nor a voters card in support of her residency in respect of the area where the ASHA was to be appointed. According to Shakila the private respondent Nure Shobha procured the essential documents required for engagement after the selection process was over and as such, the District Magistrate ought not to have permitted Nure Shobha to rely upon the said documents. As per Shakila the respondent ought to engage her being the second empanelled candidate in the post in question as she had all the relevant documents in support of her residency.

5. As the writ petition filed by Shakila remained pending for a considerable period of time and the appointment letter was not issued in favour of the private respondent Nure Shobha Begum even though there was no order from the court restraining the issuance of the letter of appointment, accordingly, the private respondent Nure Shobha Begum filed a separate writ petition being W.P. No. 17548 (W) of 2019 praying for a direction upon the respondent authority to issue the letter of appointment in her favour.

6. The matter was very hotly contested by the parties. A report has been filed by the Block Medical Officer of Health wherein it has been mentioned that the State Mission Director, National Rural Health Mission and ex-officio Social Secretary, Department of Health and Family Welfare vide memo dated 11t h December, 2006 framed a detailed implementation guideline for selection of Accredited Social Health Activists (ASHA).

7. The Health and Family Welfare Samity, Rampurhat-II Block invited applications from eligible intending candidates vide memo dated 8t h November, 2007 for appointment of ASHA in Hassan-II Gram Panchayat, Birbhum. After the selection process was over the Block Health and Family Welfare Samity, Rampurhat-II published a panel of selected candidates on 25t h February, 2020. Nure Shobha Begum secured the first position in the panel and Shakila Bibi secured the second position.

8. The said Shakila Bibi challenged the validity of the selection process in a writ petition being W.P. No. 20009 (W) 2010 (Shakila Bibi alias Khatun -vs- State of West Bengal & Ors.). The said writ petition was heard and disposed of by this court on 3r d February, 2011 whereby the District Magistrate was directed to consider the representation made by Shakila Bibi in accordance with law after affording an opportunity to all necessary parties and to pass a reasoned order therein.

9. In compliance of the order t