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2014 DIGILAW 211 (CAL)

Sabitri Mahato v. State of West Bengal

2014-03-12

BISWANATH SOMADDER

body2014
JUDGMENT : Biswanath Somadder, J. Let the affidavits exchanged between the parties and filed in Court today be kept on record. 2. The petitioner has filed this writ petition challenging the selection of the private respondent no.8 as a Sahayika of Ulugaria Sishu Siksha Kendra. The allegation is that of nepotism. 3. According to the petitioner, the private respondent no.8 was unduly favoured by the President of Ulugaria Sishu Siksha Kendra, which is situated in the district of Purulia, who happens to be the brother-in-law of the private respondent no.8. 4. According to the learned advocate representing the President of Ulugaria Sishu Siksha Kendra, being the respondent no.7, his client has no blood relationship with Smt. Chintamoni Mahato, being the respondent no.8. In this context, he has relied on annexure "A-1" to his clients affidavit-in-opposition, which appears to be a certificate issued by the Pradhan of Mankiary Gram Panchayat. 5. Perusing the said certificate, it appears that it has been stated that there is no blood relation between Chintamoni Mahato and Chakradhar Mahato, being the respondent nos.8 and 7, respectively. However, there cannot be a blood relationship between brothers-in-law and sisters-in-law. Even, as a general rule, there is no blood relationship between a husband and a wife. Simply because there is absence of a blood relationship, it does not mean that the concerned persons may not be related to each other closely. 6. This is a matter of serious concern and if the respondent no.7, in fact, is the brother-in-law of the respondent no.8, which appears to be from the genealogical table annexed to the affidavit-in-reply filed on behalf of the writ petitioner, then the respondent no.8s engagement as a Sahayika is required to be set aside. 7. In such circumstances, let the entire matter be placed before the District Nodal Officer, Purulia, who shall after going through the records and upon factual verification, ascertain as to whether the respondent nos.7 and 8 are related to each other closely, even if they are not related by blood. In the event, it is found that the said respondents are related to each other closely, then a direction shall be issued by the District Nodal Officer, Purulia, upon the Ulugaria Sishu Siksha Kendra for termination of the engagement of the private respondent no.8 as a Sahayika of the said Sishu Siksha Kendra. 8. In the event, it is found that the said respondents are related to each other closely, then a direction shall be issued by the District Nodal Officer, Purulia, upon the Ulugaria Sishu Siksha Kendra for termination of the engagement of the private respondent no.8 as a Sahayika of the said Sishu Siksha Kendra. 8. The writ petition stands disposed of in terms of the above direction. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Writ petition is disposed of accordingly.