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.

JUDGMENT :

N.UNNI KRISHNAN NAIR, J.

Heard Mr. M. H. Rajbarbhuiya, learned counsel for the petitioner in WP(C).No.2162/2024 and for the respondent No.5 in WP(C)No.2434/2024. Also heard Mr. J. Abedin, learned counsel, appearing for the petitioner in WP(C)No.2434/2024 and the respondent no.5 in WP(C).No.2162/2024, as well as Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the state respondents in both the above-noted writ petitions.

2. The above-noted writ petitions involving common issues, were taken up for hearing analogously and are being disposed of vide this common order.

3. The writ petitioner in WP(C).No.2162/2024 has presented a challenge to an order dated 05.03.2024 issued by the Director of Women and Child Development, Assam, cancelling the selection of the petitioner as Anganwadi Worker against Beygaon Subahi Muktab Anganwadi Centre .The petitioner in WP(C).No.2434/2024 has also challenged the order dated 05.03.2024 to the extent it requires re-advertisement of the post of Anganwadi worker involved. The petitioner has also further prayed for an enquiry with regard to the manner in which the selection was held in pursuance to the advertisement dated 10.01.2023 in connection with post of Anganwadi Worker in Beygaon Subahi Muktab Anganwadi Centre.

4. The facts in brief requisite for adjudication of the issues arising in the above-noted petitions is noticed as under;

The process of recruitment initiated for engagement as Anganwadi workers and Anganwadi helpers in different Anganwadi Centres under Dhalpukhuri ICDS project, Hojai, was under challenge before this Court in the proceedings of WP(C) No.2985/2010 and other analogous matters. A coordinate Bench of this Court vide order dated 12.05.2020 proceeded to direct the respondent authorities to immediately initiate a fresh process of selection for the concerned Anganwadi centres strictly in accordance with the rules. The earlier selection process initiated in pursuance to the advertisement dated 20.05.2010, under challenge in the writ petitions was also discontinued with.

In pursuance to the said order dated 12.05.2020 the Child Development Project Officer CDPO Dhalpukhuri issued an advertisement dated 10.01.2023 for engagement of Anganwadi workers against 41 (forty one) numbers of Anganwadi centres under Dhalpukhuri Integrated Child Development Project. One of the Anganwadi centres involved was the Beygaon Subahi Muktab Centre. The petitioners in the above noted 2(two) writ petitions submitted their respective applications for engagement as Anganwadi worker against Beygaon Subahi Muktab Anganwadi Centre.

The applications on being scrutinized, the petitioner in WP(C) No.2434/2024 (Foujia Tabassum) being found to reside outside the survey area of the concerned Anganwadi Centre, her name was incorporated in a notice dated 18.05.2023, by which names of the rejected candidates were so published. After publication of the said notice dated 18.05.2023, the respondent No.4 scheduled an interview on 30.05.2023 for the various Anganwadi Centres including Beygaon Subahi Muktab Anganwadi Centre.

The petitioner in WP(C) No.2434/2024 projects that she had approached the respondent authorities more particularly the respondent No.4 and has contended that rejection of her candidature was illegal, as she was also a resident within the survey area of the Anganwadi Centre. Basing on such approach it is projected that the petitioner in WP(C)No.2434/2024 was also permitted to appear in the interview held on 30.05.2023.

On conclusion of the selection process a select list containing the names of selected candidates against the various Anganwadi centres for the post of Anganwadi wor