GAHC010221562025

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/5919/2025

SMTI SAKUNTALA DAS

WIFE OF SRI LACHIT KUMAR DAS, RESIDENT OF VILLAGE DALGOMA, PO

AND PS MATIA, PIN 783125, DISTRICT GOALPARA, ASSAM,

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT

OF ASSAM, DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT,

JANATA BHAWAN, DISPUR, GUWAHATI-6, ASSAM

2:THE DIRECTOR

WOMAN AND CHILD DEVELOPMENT DEPARTMENT

UZANBAZAR GUWAHATI-1

KAMRUP (M) ASSAM

3:THE DISTRICT SOCIAL WELFARE OFFICER

GOALPARA DISTRICT

GOALPARA

4:THE CHILD DEVELOPMENT PROJECT OFFICER

MATIA INTEGRATED CHILD DEVELOPMENT PROJECT

MATIA

GOALPAR

Advocate for the Petitioner : MR. A D CHOUDHURY,

Advocate for the Respondent : GA, ASSAM,

BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

09/12/2025 Heard Mr. A D Choudhury, learned counsel for the petitioner and Ms. M Bhattacharjee, learned Additional Senior Government Advocate for the respondents.

2. The petitioner in the present proceedings has presented a challenge to an advertisement dated 27.05.2025, whereby, applications were invited for engagement of Anganwadi Worker against various Anganwadi Centers under Matia Integrated Child Development Project, including the vacant post of Anganwadi Worker available at 137 No. Dolgoma Paulpara Anganwadi Center. The petitioner has further prayed for a direction upon the respondent authorities for consideration of her case for promotion against the vacant posts of Anganwadi Worker available at 137 No. Dolgoma Paulpara Anganwadi Center.

3. The petitioner, herein, was initially engaged as an Anganwadi Helper at 183 No. Dolgoma Collegepara Anganwadi Center, vide issuance of a communication dated 29.09.2007. Such engagement of the petitioner was preceded by a process of selection. The petitioner was, thereafter, vide issuance of an order dated 20.08.2021, transferred as an Anganwadi Helper to 137 No. Dolgoma Paulpara Anganwadi Center and the petitioner is continuing to discharge her duties as an Anganwadi Helper in the said Anganwadi Center.

The respondent authorities had formulated Guidelines for promotion of Anganwadi Helpers to the post of Anganwadi Worker available in the Anganwadi Centers functioning within the same Revenue Village. The said Guidelines were notified vide Notification dated 04.03.2013. The Guideline in addition to prescribing the educational qualification and the length of service mandated to be fulfilled by a Anganwadi Worker, also prescribed that the Anganwadi Helper to be eligible for promotion was required to be not above 45 years of age at the time of consideration of her case for such promotion. The vacancy being available against the post of Anganwadi Worker in the Anganwadi Center, wherein, the petitioner is presently discharging her duties, the petitioner had approached the respondent authorities praying for consideration of her case for promotion against the said post of Anganwadi Worker in terms of the Guidelines contained in the Notification dated 04.03.2013.

The case of the petitioner, herein, however, was not considered for such promotion, inasmuch as, at the relevant point of time, when the petitioner had made her such application, she had already crossed the upper age limit of 45 years prescribed for the purpose. The respondent authorities, thereafter, issued the advertisement dated 27.05.2025, inviting applications for filling up of posts of Anganwadi Worker/Anganwadi Helper available in various Anganwadi Centers functioning under the Matia Integrated Child Development Project, including the post of Anganwadi Worker lying vacant in 137 No. Dolgoma Paulpara Anganwadi Center, i.e., the center, wherein, the petitioner is presently working as Anganwadi Helper.

The said process of direct recruitment having been initiated and the process being taken forward, the petitioner, herein, has instituted the present proceeding praying for reliefs, as noticed hereinabove.

4. It is to be