Point of Law: Principles of natural justice demand that before arriving at any decision which has serious implications and consequences to any person, such person must be heard in his or her defence.

JUDGMENT :

Both the writ petitions – W.P.[C] no. 2852/2018 and W.P.[C] no. 3142/2018 are in respect of selection/engagement/cancellation of engagement to the post of Anganwadi Helper at Anganwadi Centre no. 167 of Isonabad Kandi under Kalain ICDS Project, District – Cachar.

2. Earlier, an Advertisement dated 08.09.2009 was published initiating a process of selection and engagement of Anganwadi Workers and Anganwadi Helpers in respect of Anganwadi Centres under Kalain ICDS Project, District – Cachar. Pursuant to the said Advertisement, interviews were held for selection of Anganwadi Workers and Anganwadi Helpers. Serious anomalies and irregularities were found to have occurred during the process of interview of candidates for Anganwadi Workers and Anganwadi Helpers under Kalain ICDS Project, Cachar. A decision of the Government to re-conduct the interview for selection of Anganwadi Workers and Anganwadi Helpers in the Anganwadi Centres under Kalain ICDS Project, Cachar was conveyed by a letter dated 04.02.2010. Accordingly by a Re-Advertisement dated 26.02.2010, fresh applications were invited from the interested female candidates who were willing to render voluntary services as Anganwadi Workers and Anganwadi Helpers at the Additional Anganwadi Centres sanctioned by the Government under Kalain ICDS Project, Cachar. The Anganwadi Centre no. 167 of Isonabad Kandi falls within Behara Gaon Panchayat and it was one of the Additional Anganwadi Centres for which fresh applications were invited for the post of Anganwadi Helper by the Re-Advertisement dated 26.02.2010. Both the writ petitioner and the respondent no. 6 in the writ petition, W.P.[C] no. 3142/2018 were candidates for the post of Anganwadi Helper at Anganwadi Centre no. 167 of Isonabad Kandi.

3. The respondent no. 6 in the writ petition, W.P.[C] no. 3142/2018 viz. Smti. Ambia Khatun is the writ petitioner in the other writ petition, W.P.[C] no. 2852/2018 and the writ petitioner in the writ petition, W.P.[C] no. 3142/2018 viz. Smti. Hanifa Khatun is the respondent no. 6 in the writ petition, W.P.[C] no. 2852/2018. For the sake of easy reference, the writ petitioner in the writ petition, W.P.[C] no. 3142/2018, Smti. Hanifa Khatun, who is also the respondent no. 6 in the writ petition, W.P.[C] no. 2852/2018, is referred to hereinafter as the writ petitioner and the respondent no. 6 in the writ petition, W.P.[C] no. 3142/2018, Smti. Ambia Khatun, who is also the writ petitioner in the writ petition, W.P.[C] no. 2852/2018, is referred to hereinafter as the respondent no. 6.

4. The District Social Welfare Officer, Cachar, Silchar-cum-Member Secretary, Selection Committee after accepting the applications of the writ petitioner, the respondent no. 6 and others for the post of Anganwadi Helper at the Additional Anganwadi Centre no. 167 of Isonabad Kandi, issued call letters to them asking them to appear in the oral interview before a Interview Board, scheduled on different dates of June, 2010, along with the supporting documents in support of their ages, educational qualifications/castes, etc. as well as the mark-sheets, the Gaon Panchayat certificate, etc. in original for verification by the members of the Selection Committee at the time of interview. After interviewing the candidates, a consolidated merit list of the candidates for the post of Anganwadi Helpers for the Additional Anganwadi Centres under the Kalain ICDS Project, Cachar was prepared by the Selection Committee. In respect of the Additional Anganwadi Centre no. 167 of Isonabad Kandi, the Selection Committee enlisted the names of the petitioner and the responded no. 6 in the said consolidated merit list. The name of the writ petitioner [Smti. Hanifa Khatun] figured at 1st position therein as she scored 25.00 marks whereas the name of the respondent no. 6 [Smti. Ambia Khatun] figured at 2nd position as she scored 21.00 marks in the selection process. Thereafter, an engagement letter was issued in favour of the writ petitio