IMPORTANT POINT
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.

JUDGMENT :

The instant writ petition has a chequered history. The petitioner had filed this petition in the year 2021, challenging the selection and appointment of the respondent No. 6 as Anganwadi Worker for the Purani Kalitapura Anganwadi Centre at Dudhnoi under the CDPO, Dudhnoi ICDS Project. The primary ground of challenge was that the petitioner had secured more marks in the selection, in spite of which the respondent No. 6 was given the appointment on 06.08.2021. Such appointment was given by considering the fact that the respondent No. 6 belongs to the Scheduled Caste (SC) Community. The writ petition was allowed by this Court on 21.10.2022 as the private respondent No. 6 did not appear after repeated opportunities.

2. However, the respondent No. 6 had thereafter preferred a Rev.Pet./169/2022 stating that due to certain mistake in filing the Vakalatnama, the names of the learned counsel for the private respondent No. 6 were not reflected and therefore, they were prevented from appearing at the time of adjudication of the writ petition. Be that as it may, vide order dated 16.11.2022, the review petition was also dismissed. Against the dismissal of the review petition, the respondent No. 6 had preferred a writ appeal being WA/371/2022. The Hon’ble Division Bench, vide order dated 15.12.2022, had however allowed the appeal and remanded the matter for adjudication on merits by setting aside the order passed in review. It is, thereafter, that this matter has been listed for a fresh consideration.

3. The matter pertains to the selection and appointment of the post of Anganwadi worker in the aforesaid Center and a notice was published on 16.02.2019 in which both the petitioner and the respondent No. 6 had participated. It is the case of the petitioner that while she had obtained 59.6 marks in the selection, the respondent No. 6 had obtained 39.9. However, vide the impugned resolution dated 22.02.2019, the respondent No. 6 was selected and she was consequently appointed on 06.08.2021 as Anganwadi Worker. The primary consideration for such appointment was that the area in question was having majority population of SC community and the respondent No. 6 belonged to the SC Community and was therefore given the preference. It is the validity and legality of the said appointment which is the subject matter of challenge in this writ petition.

4. I have heard Shri H. Das, learned counsel for the petitioner. I have also heard Shri TC Chuta, learned Additional Senior Government Advocate, Assam and Shri MH Ahmed, learned counsel for the respondent No. 6.

5. Shri Das, learned counsel for the petitioner has drawn the attention of the Court to the advertisement in question which was in the form of Notice. He has submitted that in the aforesaid notice dated 16.02.2019, there was no mention that the Centre in question was reserved for a particular category whereas all the eligibility criteria were notified which, the petitioner claims to have met. He submits that the only aspect of reservation was for Specially Abled Persons which was 3%. It is submitted that as per the impugned resolution which has been annexed in the affidavit-in-opposition, it appears that the prime consideration for such selection and appointment of the respondent No. 6 was with regard to the population pattern. The resolution had stated that in the area where the Centre was situated, 59% of the population belonged to Scheduled Caste and therefore a candidate belonging to the Scheduled Caste is required to be appointed.

6. The learned counsel has assailed the aforesaid decision by submitting that unless a Centre is notified to be a Scheduled Caste/Scheduled Tribe/Tea Tribe population Centre by the appropriate authority, no reservation can be made subsequently. In this connection, he has drawn the attention of the Court to the Notification dated 25.01.2019 of the Social Welfare Department, Government of Assam wherein the policy for appointment of various posts including Anganwadi