GAUHATI HIGH COURT ISSUES ORDER ON SMT. MANIKA DEVI V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, Dec. 10 -- Gauhati High Court issued the following order on Nov. 11:

1. The petitioner has instituted the present writ petition under Article 226 of the Constitution seeking inter alia setting aside and quashing of engagement of the respondent no. 8, Smti. Purabi Devi who came to be engaged as an Anganwadi Worker at Pachim Khalihamari Anganwadi Centre by an Order of Engagement dated 26.11.2009 issued under the hand of the Child Development Project Officer, Raha ICDS Project, Nagaon [the respondent no. 6]. The petitioner has also sought a writ in the nature of mandamus to direct the respondent authorities, more particularly, the Director of Social Welfare, Assam, Guwahati [the respondent no. 2] and the respondent no. 6 to engage the petitioner in the post of Anganwadi Worker at Pachim Khalihamari Anganwadi Centre ICDS Project, District - Nagaon in place of the respondent no. 8 on the basis of an Order dated 30.05.2012, reference of which would be made in the subsequent part of this order. The petitioner has also sought for a direction to the respondent authorities to submit an enquiry report on the point whether the respondent no. 8 is from the territorial area of Pachim Khalihamari Anganwadi Centre.

2. I have heard Mr. D. Borah, learned counsel for the petitioner; Mr. R. Dhar, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 to 7; and Mr. B.K. Sarmah, learned counsel for the respondent no. 8.

3. The matter of selection and engagement of Anganwadi Worker at Pachim Khalihamari Anganwadi Centre under Raha ICDS Project, District - Nagaon has been made a subjectmatter of protracted litigation since 2009.

4. It was on 07.09.2009, an Advertisement was published by the respondent no. 6 for filing up the post of Anganwadi Worker at Pachim Khalihamari Anganwadi Centre and some other Anganwadi Centres within his area of jurisdiction. The Advertisement set forth the eligibility criteria and other conditions for engagement of Anganwadi Workers. Applications were invited from eligible candidates by the said Advertisement. In response to the Advertisement, a nos. of applicants including the petitioner and the respondent no. 8, submitted their candidatures for the post of Anganwadi Worker at Pachim Khalihamari Anganwadi Centre. The concerned selection process in the form of interview among shortlisted candidates was held in the ICDS Raha Project Office on 06.10.2009. After completion of the selection process, the Project Level Selection Committee compiled the marks secured by the candidates in the interview/selection process held on 06.10.2009. As per the merit list, the respondent no. 8, on position securing 301 marks, obtained the first among the candidates interviewed whereas the petitioner obtained second position securing 290 marks. In view of the fact that the respondent no. 8 secured the first position in terms of merit, the respondent no. 6 issued the Order of Engagement dated 26.11.2009 for her engagement as the Anganwadi Worker at Pachim Khalihamari Anganwadi Centre and on being issued the Engagement Order, the respondent no. 8 joined in the said post of Anganwadi Worker.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9WiIGjtu9lRqumQQR0KJChroWQZzynKbZtjua2xJAbX7&caseno=WP(C)/2799/2014&cCode=1&cino=GAHC010247122014&state_code=6&appFlag=)

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