ORDER

16.10.2023 Heard Mr. S.K. Chakraborty, learned counsel for the petitioner. Also heard Mr. C.S. Hazarika, learned Government Advocate for the State.

2. This writ petition has been filed by the petitioner praying for a direction to set aside and quash the order dated 29.09.2012 vide No. DSW(LC) 114/2012/38 issued by the respondent No. 2, namely, The Director of Social Welfare whereby the claims of the petitioner for appointment as Anganwadi Worker at Birjabasti, Centre No. 23 under Chaiduar ICDS Project was rejected. The further prayer is for setting aside the appointment of the private respondent No.6.

3. This Court by order dated 23.12.2015, issued Notice. Although Service is complete on the private respondent, she is not represented when the matter is called up.

4. By a Notice dated 05.09.2019, proposals were invited by the Department of Social Welfare, Assam for appointment of Anganwadi Worker and Helper to newly set up Anganwadi Centers under the jurisdiction of Pub Chaiduar Social Child Welfare Service Project. The petitioner, who claimed to have satisfied all the necessary requirements and eligibility for appointment to the said post, submitted her applications. One of the conditions prescribed for the applicant is that the applicant must a resident of the locality where the particular centre or a permanent resident of the village. Certificate of permanent residents from the Gaon Burah of the particular village must be annexed.

5. Having submitted her application, the petitioner was expecting employment in the post, however, she was not appointed and accordingly, she approached this Court earlier by filing W.P(C) No. 399/2010. A Co-ordinate Bench of this Court by order dated 29.04.2011 disposed of the writ petition granting liberty to the petitioner to make appropriate representation to the Director Social Welfare Department, Government of Assam and if such application is made, the Director, Social Welfare shall hear all parties concerned and pass appropriate orders in the matter.

Pursuant to the said order, applications were made and the matter was considered by the Director in terms of the directions contained by the Court.

The application enclosed all required particulars.

6. By order dated 29.09.2013, the Director, Social Welfare considered the application of the petitioner and upon giving an opportunity of personal hearing, matter was disposed of rejecting the prayer of the petitioner as the same has not found to be based on fact. It is this order which is under challenge in the present proceedings. In the impugned order, it is seen that the Director considered the survey Register which was authenticated by the concerned Lat Gaon Burah and the name of the petitioner was included in the Survey Register of another Anganwadi Centre area i.e. Kuruwa Basti Anganwadi Centre. Her resident was also located in Kuruawa Basti. On the other hand, the private respondent was found to be an inhabitant of Aribhanga Village where Bidyabasti Anganwadi Centre is located. It is also found that the respondent got higher marks and secured the first position over the petitioner who stood in was considered in the second position. Under such circumstances, the application of the petitioner was rejected. Being aggrieved, the present writ petition has been filed assailing the impugned order and praying for interference of the appointment of the private respondent No. 6.

7. The learned counsel for the petitioner has referred to the RTI application filed in this respect. Referring to the reply issued by the Competent Authority which is enclosed at annexure- I, Page-45 of the writ petition. The learned counsel for the petitioner submits that the Revenue Circle reflected in the RTI reply is Helem Revenue Circle and the name of the ward is No. 8 Kuruwabasti (Birjabasti). The learned counsel for the petitioner submits that Kuruwabasi and Birjabasti are one in the same place and the petitioner being the resident of Kuruwabasi and closure to the Anganwa