JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Ms. K. Devi, the learned counsel appearing on behalf of the petitioner and Mr. H.K. Sarma, the learned counsel appearing on behalf of the respondent Nos. 1, 2, 3 and 4 as well as Mr. A.K. Sikdar, the learned counsel appearing on behalf of the respondent No. 5.

2. The instant writ petition has been filed challenging the letter dated 24.2.2016 issued by the Director of Social Welfare Assam, Guwahati as well as also seeking a direction upon the respondent authorities to appoint the petitioner who was at serial No. 1 against the post of Anganwadi Worker in the Namoni Monika, Chapori, Mini Anganwadi Centre in view of her fulfilling the requisite criteria in terms of the advertisement dated 13.6.2013.

3. The brief facts of the instant case is that the Deputy Secretary to the Government of Assam, Social Welfare Department, Dispur had issued an Order No. SWD/25/2011/456 dated 21.11.2011 whereby the sanction of the Governor of Assam for acceptance of voluntary service of 2458 numbers of Honorary Anganwadi workers in Mini Anganwadi Centres against the existing ICDS projects were informed. By the said letter, it has also been mentioned that all engagement of AWW (Anganwadi Worker)/AWH (Anganwadi Helper) must be carried out strictly by following the procedures as laid down by the Government of Assam in the guidelines specifically issued for the said purpose. A list of the various Mini Anganwadi Centres can be seen from Annexure-B to the writ petition. The present case pertains to Namoni Monika Chapori Mini Anganwadi Centre which is in the district of Jorhat and falls within the project Majuli. It further appears from the records that there is a notification issued dated 16.6.2012, whereby the guidelines for selection of Anganwadi workers, Helpers and workers in Mini Anganwadi Centres were notified. Clause 2 of the said notification relates to the selection procedure. Sub-Clause (v) of Clause 2 stipulates that for Anganwadi Centres located in village/locality having more than 40% of the SC, ST or Tea Tribe population, the selection of Angawadi workers/Helpers/ workers in Mini Anganwadi Centre shall be made from amongst the said majority community. It was also stipulated that the list of such centres must be published at the time of advertisement made by the CDPO, inviting applications from the candidates. Subsequent to the guidelines being notified on 16.6.2012, the office of Child Development Project, Majuli, Kamalabari through the Child Development Project Officer had issued an advertisement dated 13.6.2013. In the said advertisement there were various criterion mentioned. The same being relevant are quoted herein-below:

“1. Only those women can apply who are within the local area of the concerned Angawadi Centres.

2. The Applicant shall enclose residence proof certificate from the concerned Gaonburah (only Gaoburah certificate shall be accepted.

3. Candidate must be read upto at least Class VIII for the aforesaid post and pass certificate and photo shall be annexed along with the application. On the date of interview candidates must bring the pass certificate in original.

4. The candidate must be above 18 years and at most 44 years as on 01.10.2013.

5. The appointed workers shall receive monthly remuneration at the rate fixed by the government.

6. Regarding appointment the decision of the selection committee shall be treated as final.”

4. It is pertinent to mention that from the above quoted criterion of the advertisement, it was made clear that the candidate who has to be a permanent resident of the area and should enclose along with the application a resident certificate from the concerned Gaonburah. The educational qualification required was Class-VIII and the passing certificate shall be attested along with the application. The age of the candidate has to be above 18 years and below 44 years. It was also mentioned that the decision of the selection committee shall be final.

5. From a perusal of Annexure-E