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2022 Supreme(Gau) 888

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
R.M. CHHAYA, SOUMITRA SAIKIA, JJ.
Miss Beauty Gogoi, S/o. Late Raman Ch. Gogoi & Ors. - Appellants
Versus
The State of Assam, Represented by the Commissioner & Secretary to the Govt. of Assam, Social Welfare Department & Ors. - Respondents
W.A. No. 35 of 2017
Decided On : 22-12-2022

Advocates Appeared:
For the Appellants : Mr. J. Deka.
For the Respondents:Mr. R.K. Borah, Addl. Sr. Government Advocate, Mr. S. Borthakur.

Headnote:

Code of Civil Procedure, 1908 - Order I Rule 9 - Selection process - Promotions for posts - Appellants assailed selection process by which selections were made available for appointments/ promotions for 284 posts - Held, In view of authorative pronouncements of Apex Court upholding employers discretion to adopt different procedures while selecting an employee, it cannot be held decision of respondent department to conduct a written test would be contrary to norms and procedures - Employer will have liberty to decide on procedure for selection in interest of fairness and transparency - In present appeal, there are five appellants and four selected candidates who are arrayed as respondents No.8, 9, 10 & 11 - There is no other averment that there is anomaly or illegality in selection and subsequent appointment of private respondents save and except averment that respondent department conducted a written test which is not prescribed in Notification - In view of discussions above, Judgments relied upon by appellants before learned Single Judge and reiterated before Court have no application to facts and circumstances of this case and same are not come to aid of appellants - Appeal dismissed.

JUDGMENT :

Soumitra Saikia, J.

This appeal is directed against the common Judgment and Order dated 16.11.2016 passed in a bunch of writ petitions in which W.P(C) No. 843/2016 was the lead case.

2. The present appeal is, however, filed by the five appellants who had jointly filed W.P.(C) No. 848/2016. The facts as noticed from the pleadings are that the appellants had been engaged as Anganwadi Workers in ICDS Project in the District of Nagaon. The appellants assailed the selection process by which selections were made available for appointments/promotions for 284 posts of Supervisors constituting 25% of reserved quota for in-service Anganwadi Workers employed under the Social Welfare Department.

The appellant No. 1 was engaged as Anganwadi worker in Khagarijan ICDS Project, Nagaon, vide office order dated 17.05.1995 issued by respondent No. 5 and her date of joining was 25.05.1995.

The appellant No. 2 was engaged as Anganwadi Worker in Khagarijan ICDS Project vide office order dated 20.02.1995 issued by respondent No. 5 and her date of joining was 20.02.1995.

The appellant No. 3 belongs to the Scheduled Tribe (Plain) Lalung Community and she was engaged as Anganwadi Worker in Khagarijan ICDS Project, Nagaon vide office order dated 17.05.1995 issued by respondent No. 5 and her date of joining was 20.05.1995.

The appellant No. 4 was engaged as Anganwadi Worker in Lawkhowa ICDS project, Nagaon vide office order dated 10.06.1991 issued by respondent No. 6 and her date of joining was 20.06.1991.

The appellant No. 5 was engaged as Anganwadi worker in Lawkhowa ICDS Project, Nagaon vide office order dated 25.01.1991 issued by the respondent No. 6 and her date of joining was 26.01.1991.

3. All the petitioners have undergone necessary training/courses from time to time and have discharged their duties as Anganwadi workers till date in the respective centres.

4. By Notification dated 04.06.2012, the Government of Assam and Social Welfare Department laid down the norms and guidelines for selection of candidates for appointment/promotion to the post of Supervisors against 25% reserved quota from amongst the in-service Anganwadi workers. As per the said Notification, the selection was to be made on the basis of oral interviews comprising of a total of 100 marks. The distribution of such marks were specified in the notification itself. The in-service Anganwadi workers were required to submit application for appearing in the selection test before the respective Child Development Project Officer, who in turn was required to submit the papers along with a consolidated list of candidates before the concerned districts of Social Welfare Officers and which was ultimately required to be submitted to the Director, Social Welfare Assam. The process of Selection and interview was to be held by the District Level Selection Committee and the final merit list was to be prepared by the duly constituted State Level Selection Committee on the basis of the records of the individual mark-sheets of the members of the District Level Selection Committee and the comparative statement prepared by the District Social Welfare Officers. The final merit list was to be prepared by strictly on the basis of merit and the same was to be published by the Director, Social Welfare.

5. All the writ petitioners before the learned Single Judge including the present appellants had submitted their applications as per procedure. On 05.07.2014, a decision was taken in a meeting held amongst the Director, Social Welfare and Officers of the Establishment Branch, for constitution of a District Level Committee for conducting written examination for appointment to the post of Supervisors against the 25% reserved quota. The said minutes of the meeting held on 05.07.2014 was brought to the knowledge of the Commissioner and Secretary, Government of Assam, Social Welfare Department for due consideration and necessary action. The Government in the Social Welfare Department agreed to the proposal of Dire

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