GAHC010011642015 2019:GAU-AS:20430

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2092/2015

SMTI. NAYANMONI HAZARIKA and ANR.

W/O- SRI DILIP HAZARIKA, R/O VILL.- DAKHIN PITHIYAL, P.O. and P.S.-

DHAKUAKHANA, DIST.- LAKHIMPUR, ASSAM. DAKHIN PITHIYAL

ANGANWADI CENTRE UNDER DHAKUAKHANA ICDS PROJECT,

DHAKUAKHANA 2: DEBOTI DOLEY

W/O- SRI BHABESH PEGU

R/O- SANTIPUR

JOIRAMPUR BHAGHDHARA

P.O.- MODARGURI

P.S.- DHAKUAKHANA

DIST.- LAKHIMPUR

ASSAM. JOYRAMPUR BAGHDHARA ANGANWADI CENTRE UNDER

DHAKUAKHANA ICDS PROJECT

DHAKUAKHNA

VERSUS

THE STATE OF ASSAM AND 6 ORS.

REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, SOCIAL

WELFARE DEPTT., DISPUR, GHY- 6.

2:THE DIRECTOR

SOCIAL WELFARE DEPTT.

UZANBAZAR

GHY- 1.

3:THE DIST. SOCIAL WELFARE OFFICER

NORTH LAKHIMPUR

DIST.- LAKHIMPUR

PIN- 787052.

4:THE CHILD DEVELOPMENT PROJECT OFFICER

ICDS PROJECT DHAKUAKHANA DIST.- LAKHIMPUR PIN- 787055.

5:THE CIRCLE OFFICER DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055.

6:GOLAPI HAZARIKA W/O- SRI BAKUL HAZARIKA R/O- DAKSHIN PITHIAL P.O.- MATOMORA P.S.- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055.

7:PHULKUMARI PEGU W/O- SRI DEBAJIT PEGU R/O- JAIRAMPUR BHAGHDHARA P.O.- MODARGURI P.S.- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055 Advocate for the Petitioner : MR.K GOGOI, MR SOHAING (P1),MR. J KALITA (P1),MR.S M SARMA,MRM A ISLAM Advocate for the Respondent : SC, SOCIAL WELFARE, GA, ASSAM,MR.B K SARMA,FOR CAVEATOR,MR.H HAZARIKA,MR.PARAG J SAIKIA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

05.01.2026 Date :

Heard Mr. J. Kalita, learned counsel for the petitioners. Also heard Mr. D.

Nath, learned Senior Government Advocate, appearing for the respondent nos.1 ,2, 3, 4 & 5 as well as Mr. P. J. Saikia, learned counsel, appearing for the respondent nos.6 & 7.

2. The petitioners in the present proceedings have presented a challenge to the order dated 16.02.2015, issued towards cancelling their respective engagement as Anganwadi Helper and Anganwadi Worker at Dakhin Pithiyal Anganwadi Centre and Joyrampur Baghdhara Anganwadi Centre respectively and the consequential appointments of the respondent nos.6 & 7, against the posts held by them.

3. The facts leading to the institution of the present writ petition can be noticed as under;

In pursuance to an advertisement dated 16.09.2009, inviting application for appointment as Anganwadi Workers and Anganwadi Helpers in various Anganwadi Centers functioning within the jurisdiction of the Dhakuwakhana ICDS project, including the posts of Anganwadi Helper in Dakhin Pithiyal Anganwadi Center and Anganwadi Worker in Joyrampur Baghdhara Anganwadi Centre. The petitioner no.2 submitted her application for recruiment as Anganwadi Worker in Joyrampur Baghdhara Anganwadi Centre along with the respondent no.7, herein. The petitioner no.1 had submitted her application for engagement as Anganwadi Helper in Dakhin Pithiyal Anganwadi Centre, along with the Respondent no.6.

The petitioners although had secured the highest marks against the posts for which they had submitted their respective applications, the authorities found the respondent nos.6 & 7, to be eligible for such appointment by considering them to be residents within the coverage area of the Anganwadi Center. However, a subsequent meeting of the selection Committee was convened on 22.03.2012 and therein, basing on the marks scored by the candidates, a select list was prepared by adhering to the stipulations made by the Government with regard to selection for the post of Anganwadi worker and Anganwadi helper vide a notification dated 19.09.2009. The petitioners, herein, having scored the highest marks and being residents of the village, wherein the Anganwadi Center are so situated, came to be included in the select list for appointment against the posts against which they had submitted their respective applications.

Accordingly, vide orders dated 11.03.2013, the petitioner no.2 came to be appointed as Anganwadi Worker in Joyrampur Baghdhara Anganwadi