IMPORTANT POINT
The court ruled that expired select lists for promotions necessitate a fresh recruitment process, ensuring all eligible candidates are considered.

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 in Dakhin Chenimari Dakhin Pub-Chuburi Anganwadi Centre on 28.09.2007 and the petitioner thereafter, continued to discharge her services in the said Centre. In the year 2019, on a joint request made by one Shamina Yasmin (the petitioner in WP(C)/138/2022), who was working as an Anganwadi Helper in 350 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC and the petitioner in WP(C)/7315/2021), for a mutual transfer, they came to be mutually transferred. It is contended that in terms of the said mutual transfer, the petitioner, joined at 350 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC while the petitioner in WP(C)/138/2022 joined at 312 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC.

4. Thereafter, the incumbent in the post of Anganwadi Worker in 312 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC expired and a resultant vacancy having occasioned, an advertisement was issued by the CDPO, Lahorighat ICDS Project, on 24.01.2020, inviting applications from eligible candidates for filling up of the available vacant posts of Anganwadi Worker under various Anganwadi Centers, including 312 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC. It is contended that the petitioners in both the writ petitions had participated in the selection process and the respondent authorities, on conclusion of the selection process, had selected the petitioner in WP(C)/7315/2021 and her name was forwarded to the Director of Social Welfare Department, Assam, for approval.

5. It is seen from the materials brought on record that the Director of Social Welfare Department, Assam, had approved the name of the petitioner in WP(C)/7315/2021, vide communication dated 14.05.2020 for promotion as Anganwadi Worker at 312 No. Dakhin Chenimari Dakhin Pub-Chuburi AWC. However, the petitioner in WP(C)/7315/2021 was not appointed inspite of her such selection and approval thereto granted by the Director Social Welfare Department, Assam, vide the communication dated 14.05.2020.

6. It is seen that the CDPO, Lahorighat ICDS Project, vide a communication dated 20.12.2021, had informed the petitioner in WP(C)/7315/2021 that the interview as held on 13.02.2020 for recruitment by way of promotion to the post of Anganwadi Worker in 312 No. Dakhin Chenimari Dakhin Pub-Chuburi Anganwadi Centre had lost its validity and accordingly, a fresh interview for the purpose was decided to be conducted. Accordingly, the petitioner in WP(C)/7315/2021 was directed to collect the documents from the Office of the CDPO, Lahorighat ICDS Project and submit the same in the office within a period of one week. Being aggrieved, WP(C)/7315/2021 came to be instituted by the petitioner Nadira Khatun, assailing the communication dated 20.12.2021 and the decision contained therein for holding a fresh interview for promotion to the post of Anganwadi Work