GAHC010120512023

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3419/2023

DIBYAJYOTI DAS W/O- MRIDUL DAS

D/O- LATE TUNI RAM DAS , R/O- VILLAGE BOCHAGAON,

P.O AND P.S- PANI GAON, PIN-787052, DIST- LAKHIMPUR, ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,

SOCIAL WELFARE DEPARTMENT DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT

ASSAM UZANBAZAR GUWAHATI- 01.

3:THE CHILD DEVELOPMENT PROJECT OFFICER

NOWBOICHA INTEGRATED CHILD DEVELOPMENT SCHEME PROJECT

(ICDS) LAKHIMPUR

4:THE DISTRICT SOCIAL WELFARE OFFICER

LAKHIMPUR

5:REKHA RANI DAS

D/O- LAKHESWAR DAS

R/O- BOCHA GAON

P.O AND P.S- PANIGAON

PIN-787052

DIST- LAKHIMPUR

ASSA

Advocate for the Petitioner : MR. I CHOUDHURY, MS N GUPTA,MS K BORAH,R L CHUTIA

Advocate for the Respondent : GA, ASSAM,

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

12.11.2025 Date :

Heard Mr. R. L. Chutia, learned counsel for the petitioner. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, appearing for the State Respondent nos.1 to 4.

2. As agreed to by the learned counsel for the parties, this writ petition is taken up for final consideration and is being disposed of, by this order.

3. The service of notice upon the respondent no.5 is not complete. However, considering the nature of the order to be passed today, the service of notice upon the Respondent no.5 is not deemed necessary.

4. The petitioner by way of instituting the present writ petition has assailed the selection and appointment of the Respondent no.5 as Anganwadi Worker in Basa Gaon Anganwadi Center.

The petitioner in pursuance to an advertisement dated 10.05.2022 had submitted her candidature for engagement as Anganwadi Worker in Basa Gaon Anganwadi Center. It is seen that the private respondent no.5 had also submitted her application in pursuance to the said advertisement. Thereafter, the petitioner as well as the respondent no.5 had participated in the selection process.

On conclusion of the selection process, the select list being published the name of the Respondent no.5 was placed at serial no.1, while the petitioner was at serial no.2. In the select list an endorsement was made to the effect that the respondent no.5 was a regular student. It is projected in the writ petition that the respondent no.5 was, at the relevant point of time, pursuing a Bachelor of Arts course at Panigaon Om Prakash Dinodia College, Lakhimpur.

In terms of the stipulations made in the advertisement dated 10.05.2025 a candidate pursuing a regular course of study in a school or college is not eligible to apply in pursuance to the said advertisement for engagement as Anganwadi Worker.

The Respondent no.5, after publication of the select list, was not immediately favoured with an appointment as Anganwadi worker, on account of the fact that she was found to be pursuing a course of study, as a regular student, however subsequently, vide communication dated 22.03.2023, the Respondent no.5 came to be engaged as an Anganwadi Worker in Basa Gaon Anganwadi Centre.

Being aggrieved the petitioner has instituted the present proceedings.

5. Mr. J. K. Goswami, learned Additional Senior Government Advocate, for the State Respondents, submits that he has not been furnished with any instruction in the matter. Further as noticed hereinabove, the Respondent no.5 has also not appeared.

6. The challenge, herein, to the selection and appointment of the Respondent no.5, by the petitioner, being on the ground that she was pursuing a regular course of study, at the time of submission of her application in pursuance to the advertisement dated 10.05.2022, this Court is of the considered view that the same would require a factual determination.

7. Accordingly, this Court directs the petitioner, herein, to submit a representation with detailed particulars, before the Director of Woman and Child Development, Assam, within a period of 1(one) month from today,