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N. UNNI KRISHNAN NAIR
Rubia Sultana Laskar D/o Basir Uddin Laskar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Ms. S. B. Laskar, learned counsel, appearing on behalf of the petitioner. Also heard Mr. D. Bora, learned Government Advocate, appearing on behalf of respondents No. 1 to 5, and Mr. M. H. Rajbarbhuiyan, learned counsel, appearing on behalf of respondent No. 6.
2. The challenge in the present proceeding, is to the promotion effected in respect of the respondent No. 6, herein, to the post of Anganwadi Worker in 74 No. Nimaichandpur Anganwadi Centre under Lala ICDS Project.
3. As projected in the writ petition, the petitioner, herein, claims that she was engaged as an Anganwadi Helper vide order, dated 06.10.2004, at 74 No. Nimaichandpur Anganwadi Centre. The petitioner, herein, claims that she had continued to discharge her duties as an Anganwadi Helper since the date of her initial engagement. The Child Development Project Officer, Lala ICDS Project, had issued an advertisement, dated 22.06.2022, inviting applications from the eligible Anganwadi Helper for upgradation/promotion as Anganwadi Workers against the centres so notified in the said advertisement. One of the requisite criteria for being eligible to apply for the posts involved in the said advertisement is that
Promotion eligibility for Anganwadi Workers is confined to residents of the same revenue village, as per guidelines.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
The court ruled that expired select lists for promotions necessitate a fresh recruitment process, ensuring all eligible candidates are considered.
Minimum qualification for Anganwadi Helper must be met before considering preference for BPL candidates; engagement lacking this qualification is a nullity.
Eligibility criteria for recruitment cannot be altered mid-process without proper notification, ensuring fairness and adherence to established rules.
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.
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