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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Suhana Begum, W/o. Jamaluddin Ahmed – Appellant
Versus
State of Assam, To Be Represented By The Commissioner And Secretary, Social Welfare Department – Respondent
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
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.
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
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.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
The central legal point established in the judgment is that a candidate's residence within the specified service area, as per the advertisement, justifies their selection, even if their specific loca....
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
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....
The court ruled that expired select lists for promotions necessitate a fresh recruitment process, ensuring all eligible candidates are considered.
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