W.P.A. 11009 of 2025 Ml- 02.02.2026

85 Ct.02 Taslima Khatun DO rkd -vs-

State of West Bengal & Ors.

Mr. Moniruzzaman, Mr. Jahangir Badsha ….for the petitioner.

Mr. Soumalya Ganguli ….for the State.

1. In terms of the order dated 19^th January, 2026 Chief Medical Officer of Health, Murshidabad being respondent no.7 has filed a report signed on 2^nd February, 2026 and same is taken on record.

2. Matter relates to engagement of ASHA Karmi under Joypur Sub-Centre, Murshidabad against sixth (6^th) post as on concluding selection process against five posts candidates were already engaged but due to want of approval by the concerned authority, petitioner could not be engaged as yet against sixth (6^th) post which is available.

3. Petitioner participated in the selection process for being engaged as ASHA Karmi pursuant to recruitment notification dated 21^st March, 2023 which is at pages 18 & 19 of the writ petition under Joypur Sub-Centre.

4. Member Secretary of Selection Committee and Sub-Divisional Officer, Kandi, Murshidabad being respondent no.4 by affirming an affidavit on 9^th December, 2025 made specific averments in paragraph 5 of the said affidavit that approval was granted for ten ASHA candidates and State National Health Mission sought clarification regarding five remaining vacancies vide memo dated 15^th September, 2023 including clarification for one ASHA post under Joypur Sub-Centre.

5. According to the respondent no.4 issue arose as under Joypur Sub-Centre number of posts for ASHA was wrongly stated. Wrong figure relating to number of sanctioned posts had to be corrected and a clarification-cum-rectification letter vide memo dated 15^th March, 2024 was sent to State National Health Mission to confirm the actual sanctioned pots and approval was sought for in order to fill up sixth (6^th) vacancy.

6. It was also stated in paragraph 5 that corrected information was formally sent to the Programme Officer, National Health Mission, State Heath National Mission Cell, Department of Health & Family Welfare, Government of West Bengal but based on corrected information approval was not issued for engaging petitioner against sixth (6^th vacancy under Joypur Sub-Centre.

7. In the report of respondent no.7 dated 2^nd February, 2026 it is further disclosed number of sanctioned post was corrected and mentioned as sixth (6^th) and same was rectified. Such statement correcting number of posts of ASHA was sent to the State in P1 format in connection with Joypur Sub- Centre where according to respondent no.7 though sanctioned post was shown as six approval was accorded against five vacancies. Such vacancies were declared originally based on calculation of actual requirement.

8. It is also disclosed that in 2023-24 advertisement issued for recruitment said sixth (6^th) vacancy under Joypur Sub-Centre was not reckoned. Therefore, the vacancy is still available against which present petitioner can be accommodated subject to approval granted by the concerned respondent authority.

9. It is apparent from the report of respondent no.7 that issue of granting approval of sixth (6^th vacancy of ASHA under Joypur Sub-Centre, Murshidabad is pending before the State National Health Mission for approval and e-file is also available before Block Medical Officer of Health, Khargram.

10. In view of aforesaid situation as it emanates from the affidavit and report filed before this Court by respondent no.4 and respondent no.7 respectively, Secretary, Department of Health and Family Welfare, National Rural Health Mission, Government of West Bengal being respondent no.1 is directed to take decision relating to granting approval of sixth (6^th) vacancy of ASHA under Joypur Sub-Centre, Murshidabad after hearing the petitioner or her representative and Block Medical Officer of Health, Khargram by eight weeks from the date of communication of this order.

11. Respondent no.1 shall pass a reasoned order and same shall be communicated to the petitioner.

12. Writ petition stands disposed of.

13.