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N. UNNI KRISHNAN NAIR
Shaminayasmin, D/o. Sokatali, W/o. Baharul Islam – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Ms. S. B. Choudhury, learned counsel for the petitioner in WP(C)/138/2022 and Mr. A. T. Sarkar, learned counsel for the petitioner in WP(C)/7315/2021. Also heard Ms. M. D. Borah, learned counsel appearing for the State respondents in both the writ petitions.
2. The issue involved in the above noted writ petitions pertains to the process of recruitment initiated for promotion to the post of Anganwadi Worker in 312 No. Dakhin Chenimari Dakhin Pub-Chuburi Anganwadi Centre (hereinafter referred to as the Anganwadi Centre). While in WP(C)/7315/2021, the challenge is to a communication dated 20.12.2021, issued by the Child Development Project Officer (CDPO), Lahorighat ICDS Project, whereby the earlier process of recruitment for the post of Anganwadi Worker in the said Anganwadi Centre was cancelled and a fresh process was undertaken. In WP(C)/138/2022, the petitioner has prayed for a direction upon the respondent authorities to hold a fresh interview in connection with the recruitment by promotion to the post of Anganwadi Worker available in the Anganwadi Centre.
3. The petitioner in WP(C)/7315/2021 was initially appointed as an Anganwadi Helper
The court ruled that expired select lists for promotions necessitate a fresh recruitment process, ensuring all eligible candidates are considered.
The court ruled that residency status is critical for eligibility as Anganwadi workers, reaffirming administrative decisions based on statutory qualifications must adhere to principles of fairness.
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.
Promotion eligibility for Anganwadi Workers is confined to residents of the same revenue village, as per guidelines.
Procedural violations in the selection of Anganwadi Workers necessitate the conclusion of interrupted selection processes rather than issuing new advertisements, ensuring compliance with fair practic....
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 confirmed that cancellation of a selection process negates its subsistence, with current guidelines directing recruitment and an option for relaxation of norms considered due to prolonged l....
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
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