in the gauhati high courtghconline.nic.in/judgment/wpc8432016.pdf · in the gauhati high court ......

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

(1) WP(C) 843/2016

1. Smti. Punyada Deori, W/o. Late ajoy Deori, Village- Dhunaguri Deorigaon, P.O.- Dhunaguri, District- Dhemaji, Assam, Pin- 787001.

2. Smti. Chitra Lekha Sonowal, W/o. Hemchandra Miri, Village No.1 Murkong Selek, P.O. Jonai, District- Dhemaji, Assam, Pin- 787060.

3. Smti. Rahita Bori, W/o. Krishna Kanta Doley, Village & P.O. Laimekuri, District- Dhemaji, Assam, Pin- 787060.

4. Smti. Jyostna Doley, W/o. Sri Bhaben Pegu, Village- Silapipolguri, P.O. Akajun, District- Dhemaji, Assam, Pin- 787059.

………………… Petitioners -versus-

1. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 6. 2. The Chairman, Selection Committee,

on the office of the Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-01.

3. The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-01.

……………… Respondents

Advocate for the petitioners : Mr. H.R. Khan, Mr. N. Islam, Ms. L. Das and

Ms. K. Bora, Advocates.

Advocate for the respondents : Mr. B.K. Sharma, S.C. Social Welfare Deptt.

(2) WP(C) 848/2016

1. Miss Beauty Gogoi, Daughter of Late Raman Ch. Gogoi, Resident of Village & P.O.- Dimoruguri,

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P.S.- Sadar, District- Nagaon, Assam, Pin- 782003.

2. Smt. Purnima Devi, Wife of Sri Mohan Chandra Nath, Resident of Village- Jukurabahi, P.O.- Chakalaghat, District- Nagaon, Assam, Pin- 782142.

3. Miss Geeta Bhagawati @ Gitamoni Bhagawati, Daughter of Late Jatindra Nath Bhagawati, Resident of Village- Pukhuripar, P.O.- Bebejia, P.S.- Sadar, District- Nagaon, Assam, Pin- 782142.

4. Mrs. Mofida Begum, Daughter of Late Lal Mahmod, Resident of Village- Fakoli, P.O.- Deghali, P.S.- Rupahihat, District- Nagaon, Assam, Pin- 782125.

5. Mrs. Nazma Begum, Wife of Guasuddin Ahmed, Resident of Village & P.O.- Kathpara, District- Nagaon, Assam, Pin-782120.


1. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 781006. 2. The Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati-781006. 3. The Director, Social Welfare, Assam, Paki Ghat, Uzanbazar, Guwahati, Pin- 781001. 4. The District Social Welfare Officer, Amolapatty, Nagaon, Pin- 782001. 5. The Child Development Project Officer, Khagarijan ICDS Project, Lakhinagar Haiborgaon, Nagaon, Pin- 782001. 6. The Child Development Project Officer,

Lawkhowa ICDS Project, Singimari, Nagaon, Pin- 782120.

7. The Union of India, Represented by the Secretary to the Government of India, Ministry of Women and Child Development, Shastri Bhawan, New Delhi- 110001.

8. Smt. Girija Dutta,

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C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin- 782001. [Roll No.AWW1717641].

9. Smt. Charu Sarmah, C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin- 782001. [Roll No.AWW1717381].

10. Ms. Rejia Begum, C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin- 782001. [Roll No.AWW1717333]

11. Miss. Ujjala Dey, C/o. Office of the C.D.P.O. Lawkhowa ICDS Project, Singimari, Nagaon, Pin- 782120. [Roll No.AWW1717749]


Advocate for the petitioners : Mr. J. Deka, Advocate.

Advocate for the respondents : Mr. B.K. Sharma, S.C. Social Welfare Deptt. Ms. H. Terangpi, C.G.C., Mr. A. Sarma and Ms. H. Begum, Advocates.

(3) WP(C) 864/2016

1. Mrs. Jonti Saikia @ Junti Saikia, Anganwadi Worker of No.122, Moudanga Krishi-pam Nigam AWC under Jugijan ICDS Projects, Village- Moudanga Krishipam Nigam, P.O. Ambari, District- Nagaon, Assam.

2. Mrs. Mani Borkakoti, Anganwadi Worker No.7, Natun Block AWC Under Lanka ICDS Projects, Village-No.1 Kaki, District- Nagaon, Assam.


1. The Union of India, Represented by the Secretary to the

Government of India, Ministry of Human Resource Development of Women and Child Development (CD Section), Shastri Bhavan, New Delhi-110001.

2. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 781006.

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3. The Director, Department of Social Welfare, Assam, Uzan Bazar, Guwahati-1. 4. The Child Development Officer, The Jugijan ICDS Projects, Hojai, P.O. Hojai, District- Nagaon, Assam. 5. The Child Development Officer,

The Lanka ICDS Project, P.O. Lanka, District- Nagaon, Assam, Pin- 782442. ……………… Respondents

Advocate for the petitioners : Mr. M. Dutta and Mr. M. Islam, Advocates.

Advocate for the respondents : Mr. B.K. Sharma, S.C. Social Welfare Deptt. Mr. M. Phukan, C.G.C.

(4) WP(C) 960/2016

1. Smti. Prativa Pathak, D/o. Krishna Kanta Pathak, Village & P.O. Matia, District- Goalpara, Assam.

2. Smti. Joymoti Devi, D/o. Tirtha Lochan Nath, Village- Bamunpara, Jogipara, District- Goalpara, Assam.

3. Smti. Doli Nath, D/o. Shitendra Chandra Nath, R/o. Domoni, P.S. Goalpara, District- Goalpara, Assam.

4. Anowara Rahman, D/o. Majibar Rahman, Vill. Naldoba, P.O. Mornoi, District- Goalpara, Assam.


1. The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 781006. 2. The Director of Social Welfare, Assam,

Bal Bhawan, Uzanbazar, Guwahati-1. 3. The District Social Welfare Officer,

Goalpara, District- Goalpara, Assam. 4. The Child Development Project Officer, Matia ICDS Project, Matia, P.O. Matia,

District- Goalpara, Assam.

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5. The State Level Selection Committee, Represented by the Chairman, office of the Director of Social Welfare, Assam, Bal Bhawan, Uzanbazar, Guwahati-1.


Advocate for the petitioners : Mr. P.K.R. Choudhury, Mr. N.G. Kundu, Mr. G. Deka, Mr. R. Deka and

Mr.R.R.Choudhury, Advocates.

Advocate for the respondents : Mr. B.K. Sharma,

S.C. Social Welfare Deptt.

(5) WP(C) 1043/2016

Smti. Monjula Rabidas, D/o. Late Motillal Rabidas, Village- Meherpur, P.O. Meherpur, District- Cachar, Assam, Pin- 788015.

………………… Petitioner -versus-

1. The State of Assam, represented by the Secretary to the Govt.

of Assam, Social Welfare Department, Dispur, Guwahati- 781006.

2. The Director of Social Welfare, Assam, Uzanbazar, Guwahati-781001.

3. The Child Development Project Officer, Silchar ICDS Project (R), Cachar,

Assam- 788001. ……………… Respondents

Advocate for the petitioner : Mr. S. Hoque and Mr. M. Deka, Advocates.


(6) WP(C) 1292/2016

1. Mrs. Himani Bhuyan Devi, W/o. Sri Tarun Kr. Nath, Resident of Vill. Bamgaon, P.O. Besseria, District- Sonitpur, Assam, Pin- 784150.

2. Mrs. Rewati Das,

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W/o. Sri Kamal Das, Resident of Lachit Nagar, Ward No.19, Chandmari, P.O. Tezpur, District- Sonitpur, Assam, Pin-784001.

3. Smti Anupama Kalita, W/o. Deden Ch. Bania, Resident of Da Parbatia, P.O. Bejar Chuburi, District- Sonitpur, Assam, Pin- 784150.

4. Smti. Tun Tun Borah, D/o. Keshab Borah, Resident of Ketekibari, P.O. Ketekibari, Dist. Sonitpur, Assam, Pin-784154.

5. Smti. Lina Prova Bania, D/o. Suren Ch. Bania, Resident of Da Parbatia, P.O. Da Parbatia, Dist. Sonitpur, Assam, Pin-784150.

6. Smti. Suchitra Devi, W/o. Kanak Ch. Nath, Resident of Gerua, P.O. Bapubheti, Dist. Sonitpur, Assam, Pin-784153.


1. The State of Assam, represented by the Commissioner and Secretary

to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 6.

2. The Director, Social Welfare, Assam, Pakhighat, Uzanbazar, Guwahati-6.

3. The District Social Welfare Officer, Sonitpur, Tezpur, Assam, Pin- 784001.

4. The Child Development Project Officer, Gabharu ICDS Project, Gabharu, Mazgaon, District- Sonitpur, Assam, Pin- 784153.

5. The Child Development Project Officer, Tezpur Nagar ICDS Project, Sonitpur, Assam, Pin- 784001.

6. Smti. Deepa Devi, Resident of Khakan Basti, P.O. Ranga Chakua, District- Sonitpur, Assam, Pin- 784185.

7. Smti. Manika Devi, Resident of Dhekiajuli, District- Sonitpur, Assam, Pin-784110.


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Advocate for the petitioners : Mr. A. Jahid and

Mr. M. Hussain, Advocates.


(7) WP(C) 1443/2016

Smt. Rita Dolai Pator, W/o. Sri Rosen Pator, Vill.- No.2 Tangia Kaki, P.O. Kaki Chalchali, Dist.- Nagaon, Assam.


1. The State of Assam, to be represented by the Commissioner & Secretary, Social Welfare Department, Dispur, Guwahati- 6.

2. The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-1.

3. The Chief Secretary to the Govt. of Assam, Dispur, Guwahati-6.


Advocate for the petitioner : Mr. A. Mannaf and Ms. F. Begum, Advocates.


(8) WP(C) 1382/2016

Smt. Rejia Begum, D/o. Rois Ali, Village- Chengjur, P.O. Patharkandi, District- Karimganj, Assam, Pin- 788724.


1. The State of Assam, represented by Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati, Assam, Pin- 781006.

2. The Deputy Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati, Assam, Pin-781006.

3. The Director of Social Welfare, Assam, Uzanbazar, P.O. Panbazar, Guwahati, District- Kamrup (Metro), Assam, Pin-781001.

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4. The Programme Officer- II, Directorate of Social Welfare, Assam, Uzan Bazar, Guwahati- 781001.

5. The District Social Welfare Officer, Karimganj District, P.O. Karimganj, Assam, Pin- 788710.

6. The Child Development Project Officer, Patharkandi Integrated Child Development Project, Patharkandi, P.O. Patharkandi, District- Karimganj, Assam, Pin- 788724.


Advocate for the petitioner : Mr. M.A. Sheikh, Mr. K.U. Ahmed, Mr. M. Hossain, Ms. F. Intaz and Mr. I. Hussain, Advocates.



(9) WP(C) 1947/2016

Ms. Rupa Choubey, D/o- Bednath Choubey, Village- Narayanpur, P.O.- Kalachandpur, District- Cachar, Assam.


1. The Commissioner and Secretary, Department of Social Welfare, Government of Assam,

Dispur, Guwahati- 781006. 2. The Director,

Social Welfare Department, Assam, Uzanbazar, Guwahati-1.

3. The District Social Welfare Officer, Government of Assam, District- Cachar, Assam.

4. The Child Development Project Officer, Rajabazar ICDS Project, District- Cachar, Assam.


Advocate for the petitioner : Mr. M.R. Adhikary, Mr. A.R. Tahbildar and

Ms. N. Daimari, Advocates.


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(10) WP(C) 1388/2016

Anuara Begum, W/o- Joynal Abdin, Village and P.O.- Bechamari, District- Nagaon, Assam.


1. The State of Assam [to be by the Commissioner & Secretary to the Government of Assam,

Social Welfare Department, Dispur, Guwahati- 781006.

2. The Director of Social Welfare & Probation, Assam, Bal-Bhawan, Uzanbazar, Guwahati-1.

3. The District Social Welfare Officer, Morigaon, P.O. and District- Morigaon, Assam.

4. The Child Development Project Officer, Moirabari ICDS Project, P.O.- Moirabari, District- Morigaon, Assam.

5. Smti. Kenija Fatima Sarkar, Roll No. AWW 1621864.

6. Smti Rejia Sultana, Roll No. AWW 1616957.

7. Smti Dipali Kalita Bora, Roll No. AWW 1616962.

8. Smti Elija Begum, Roll No. 1621854.


Advocate for the petitioner : Dr. B. Ahmed, Mr. H.I. Choudhury

Md. Giash Uddin and Ms. M. Buragohain, Advocates.



(11) WP(C) 1440/2016

1. Smti Padmawati Borah alias Smti Podmawati Borah, W/o- Sri Kumud Gohain, Village- Khaloiati, P.O.- Missa, P.S.- Uluwani, District- Nagaon, Assam.

2. Smti Renu Gogoi, Village- Najan, P.O.- Kuthuri, P.S.- Jakhalabandha, District- Nagaon,

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Assam. 3. Smti Sunti Swargiary,

W/o- Sri Baloram Tamang, Village-Missamukh, Halowagaon, P.O.- Missa, P.S.- Uluwani, District- Nagaon, Assam.


1. The State of Assam Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department,

Dispur, Guwahati- 781006. 2. The Secretary,

Government of Assam, Social Welfare Department, Dispur, Guwahati-781006.

3. The Director, Social Welfare, Assam, Paki Ghat, Uzanbazar, Guwahati-1.

4. The District Social Welfare Officer, Amolapatty, Nagaon.

5. The Child Development Project Officer, Kaliabor ICDS Project, Hatigaon, Kaliabor, Nagaon.

6. The Child Development Project Officer, Pachim Kaliabor ICDS Project, Missa, Nagaon.

7. Smt. Rupa Saikia, Baghmari Anganwadi Centre, Village- Baghmari, P.O.- Kuthuri, P.S.- Jakhalabandha, Nagaon.

8. Smti Jayanti Das, No. 4 Borghuli Centre, Village-Dholapani, P.O.- Borghuli, P.S.- Uluwani, Nagaon.

9. Smti. Bijoy Lakhi Doloi, Rupahi ICDS Project, Rupahi, Nagaon.


Advocate for the petitioners : Mr. J. Deka, Advocate.


(12) WP(C) 1836/2016

1. Smti Dipanjali Saikia, W/o-Amarendra Chandra Nath, Village- Nayapara Alangmari,

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P.O.- Lakhigonj, District- Dhubri, Assam.

2. Smti Fokrun Nahar, W/o- Ashrob Ali, Village- Balatari, P.O.- Jamadarhat, District- Dhubri, Assam.


1. The State of Assam, Represented by the Commissioner and Secretary to Government of Assam, Social Welfare Department, Dispur, Guwahati- 781006. 2. The Director,


3. The District Social Welfare Officer, District- Dhubri, Assam.


Advocate for the petitioners : Mr. I.H. Laskar, Mr. P.K. Deka, Mr. S. Alam, Mr. M.S. Alam, Mr. J.H. Laskar, Mr. P. Bora and Ms. A. Begum, Advocates.



(13) WP(C) 992/2016

1. Smti Suprabha Nath, W/o- Sri Dharma Narayan Nath, Village- Karipara (Tilapara), P.O.- Chakla, P.S.- Matia, District- Goalpara, Assam.

2. Smti Halima Ahmed, D/o- Moniruddin Ahmed, Village-Bahati Bihatipara, P.O.- Bahati, P.S.- Matia, District- Goalpara, Assam.

3. Miss Shar Bhanu, W/o- Siddique Hussain, Village- Helapakhri, P.O.- Baladmari Char, P.S.- Mamori, District- Goalpara, Assam.

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4. Smti Hajira Begum Sultana, D/o- Md. Kabiruddin Sheikh, Village- Nayanpara (Dighpara), P.O.- Bahati, P.S.- Matia, District- Goalpara, Assam.

5. Smti Tulika Kalita Das, W/o- Hemananda Das, Village- Garua, P.O.- Simlitula, District- Goalpara, Assam.

6. Mrs. Hemamalini Sutradhar, W/o- Madhab Ch. Rabha, Village Santinagar, P.O.- Baladmari, Ward No. 16, District- Goalpara, Assam.


1. The State of Assam Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department,

Dispur, Guwahati- 781006. 2. The Director of Social Welfare,

Assam, Uzanbazar, Guwahati-1. 3. The District Social Welfare Officer,

Goalpara, District- Goalpara, Assam. 4. The Child Development Project Officer,

Goalpara, District- Goalpara, Assam. 5. Fatema Begum,

Angangwadi Worker, Under Matia ICDS Project, District-Goalpara, Assam.

6. Ranju Saud, Angangwadi Worker, Under Matia ICDS Project, District-Goalpara, Assam.


Advocate for the petitioners : Ms. K. Devi, Mr. R. Baruah and

Ms. K. Das, Advocates.

Advocate for the respondents : Mr. B.K. Sharma, S.C. Social Welfare Deptt. Mr. J. Ahmed, Mr. S. Islam, Mr. A. Hoque and Ms. S. Kalita, Advocates.

(14) WP(C) 845/2016

1. Asha Rani Das, D/o. Shasindra Das,

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R/o-Village- Banpara, P.O.- Banpara, Dist-Barpeta, (Assam).

2. Jutika Kalita Das, W/o. Pranjit Das, R/o-Village- Ketkuchi P.O.- Ketkuchi, Dist-Barpeta, Assam, Pin- 781301.

3. Smti. Sarazu Begum, W/o. Julfikar Ojha, R/O-Vill-Dargahpur & P.O. Bhella, P.S.- Barpeta, District- Barpeta, Assam, Pin- 781309.

4. Smti. Mofida Ahmed, W/o. Abdul Nayan Ali, R/O-Village- Koyakuchi Pather, P.O. Koyakuchi, P.S.-Koyakuchi, District- Barpeta, Assam, Pin- 781352.

5. Smti. Bhanita Kumari Das, W/o. Arabinda Prasad Das, R/O-Vill-Bartala No.-4, P.O.-Bartala, P.S.- Mukalmua, District- Nalbari, Assam.

6. Smti. Manowara Begum, D/o. Ahmed Hussain, R/O-Vill-Barkhetri & P.O. Mukalmua, P.S.- Mukalmua, District- Nalbari, Assam.

7. Smti. Tahmina Khatun, W/o. Taibuddin Ahmed, R/O-Vill-Sailmari & P.O. Bhangnamari, P.S.- Mukalmua, District- Nalbari, Assam.


1. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 6, Assam. 2. The Deputy Secretary to the Government of

Assam, Social Welfare Department, Dispur, Guwahati-06, Assam.

3. The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-01, Assam. 4. The Programme Officer,

Divisional ICDS Cell, Kamrup, Beltola, Guwahati-28. Assam.

5. The District Social Welfare Officer, Barpeta, Dist-Barpeta, Assam.

6. The District Social Welfare Officer,

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Dist-Nalbari, Assam. ……………… Respondents

Advocate for the petitioners : Mr. N. Baruah, Mr. I. Ahmed and Mr. M. Rahman, Advocates.



(15) WP(C) 1075/2016

1. Miss Jasmin Sultana Khan, Daughter of Late Anowar Ali Khan, Village : Tulagram Pt-I, P.O.- Sonaimukh, P.S.- Sonai, District- Cachar, Assam, Pin- 788119.

2. Smt. Rajkumari Pathak, Wife of Sri B.P. Pathak, Village- Dorgakuna, P.O.- Assam University, District- Cachar, Assam, Pin- 788011.

3. Miss Nirola Singha, Daughter of Late Iboton Singha Resident of Village & P.O.:- Baskandi, P.S.- Lakhipur, District- Cachar, Assam, Pin- 788103.


1. The State of Assam, [to be by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 781006. 2. The Director of Social Welfare & Probation, Assam, Bal-Bhawan, Uzanbazar, Guwahati-781001. 3. The District Social Welfare Officer, Cachar, Silchar, P.O.: Silchar, District: Cachar, Assam, Pin- 788001. 4. The Child Development Project Officer, Sonai ICDS Project PO.:- Sonaimukh, District: Cachar, Assam, Pin- 788119. 5. The Child Development Project Officer,

Borjalenga ICDS Project, Dwarbond, P.O:-Dwarbond, District:- Cachar, Assam, Pin Code No.:- 788113.

6. The Child Development Project Officer, Lakhipur ICDS Project, Lakhipur, P.O.:-Fulertol, District:- Cachar, Assam,

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Pin Code No.:-788103. 7. Smt. Aloka Singha,

C/o. The Child Development Project Officer, Sonai ICDS Project P.O:- Sonaimukh, District:- Cachar, Assam, Pin Code No:- 788119.

8. Smti. Leelamoyee Chakma Aimol Roll no. AWW 0311522, C/o. The Child Development Project Officer, Borjalenga ICDS Project, Dwarbond P.O:- Dwarbond, District:- Cachar, Assam, Pin Code No:-788113.

9. Smti. Momona Rongmai, Roll No. AWW 0311660.

10. Smti. Aluna Rongmai Roll No. AWW 0311791.

11. Smti. Rasemery Hmar Roll No. AWW 0311792 C/O The Child Development Project Officer, Lakhipur ICDS Project, Lakhipur P.O:- Fulertol, District:- Cachar, Assam, Pin Code No.:-788103.


Advocate for the petitioners : Dr. B. Ahmed, Mr. N. Haque, Mr. H.I. Choudhury, Mr. G. Uddin and Ms. M. Buragohain,

Advocates.


(16) WP(C) 1088/2016

1. Mrs. Ranju Borah, Wife of Sri Gunaram Borah, Resident of Bapubheti, P.O. Bapubheti, District: Sonitpur, Assam, Pin- 784153.

2. Mrs. Dipali Das Saikia, W/o. Late Munin Saikia, Resident of Tupia, P.O. Tupia, District- Sonitpur, Assam, Pin- 784182.


1. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam,

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Social Welfare Department, Dispur, Guwahati-6. 2. The Director,

Social Welfare, Assam, Pakighat, Uzanbazar, Guwahati-01.

3. The District Social Welfare Officer, Sonitpur, Tezpur, Assam, Pin- 784001. 4. The Child Development Project Officer, Naduar ICDS Project, Jamgurihat,

District: Sonitpur, Assam, Pin-784153. 5. The Child Development Project Officer,

Gabharu ICDS Project, Gabharu, Mazgaon, District: Sonitpur, Assam, Pin- 784153.

6. Smti. Flueswari Borah, Resident of Barika Chuhburi, Tezpur, District: Sonitpur, Assam, Pin- 784154.

7. Smt. Manika Devi, Resident of Dhekiajuli, District: Sonitpur, Assam, Pin-784110. 8. Smti. Dipanjali Baruah,

Resident of Dhekiajuli, District: Sonitpur, Assam, Pin-784110.

9. Smti. Oku Bhagawati, Resident of Kewarichuk, Jamguri, District: Sonitpur, Assam, Pin- 784180.


Advocate for the petitioners : Mr. A. Jahid and Ms. P. Khound, Advocates.


(17) WP(C) 2197/2016

1. Smti. Sumitra Haloi, W/o. Sri Nagen Haloi, Vill. Barsarkuchi, P.O. Milanpur, Dist. Nalbari, Assam, Pin- 781337.

2. Mustt. Ambia Begum, W/o. Md. Mahsen Ali, Vill. Khakhundi, P.O. Khukhundi, Dist. Nalbari, Assam, Pin- 781340.


1. The State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati-6.

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2. The Chairman, Selection Committee in the Office of the Director of Social Welfare, Assam, Panbazar, Guwahati- 781001.

3. The Director of Social Welfare, Assam, Bal Bhawan, Ujanbazar, Guwahati- 781001.


Advocate for the petitioners : Mr. H.R. Khan, Mr. N. Islam, Ms. L. Das and Ms. K. Bora, Advocates.



(18) WP(C) 1988/2016

1. Shri Barada Talukdar, C/o. Lt. Kabi Ch. Talukdar, Vill. Paschim Hamapara, P.O.- Adabari, P.S. Mukalmua, Dist. Nalbari, Pin- 781126.

2. Shri Sumitra Kalita, C/o. Khagen Deka, Vill. Adabari, P.O. Adabari, P.S. Mukalmua, Dist. Nalbari, Pin- 781126.


1. The State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati-6. 2. The Director of Social Welfare Department, Uzanbazar, Guwahati-1. 3. The Divisional Program Officer, Nalbari. 4. The Child Development Project Officer,

Bar-Khetri, ICDS Project, Dist- Nalbari, Assam. ……………… Respondents

Advocate for the petitioners : Ms. R. Devi, Mr. A.R. Tahbildar and

Ms. S.J. Deka, Advocates.


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(19) WP(C) 2242/2016

1. Sabitri Sarkar Majumdar,

W/o. Nimai Majumdar, R/o. Lanka Town, Ward No.6, Lumding Road P.O. & P.S. Lanka, Pin Code- 782446, District- Nagaon, Assam.

2. Fatharun Nessa, W/o. Aftab Uddin, R/o. Pashcim Udali, Kacharigaon, P.O. Udali Bazar, P.S. Lanka, Pin Code- 782446, District- Nagaon, Assam.


1. The State of Assam, through- the Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati-781006. 2. The Director,

Social Welfare Department, Assam, Uzanbazar, Guwahati-781001. 3. The District Social Welfare Officer,

Nagaon, P.O. Nagaon, District: Nagaon, Assam.

4. The Child Development Project Officer, Lanka Integrated Child Development Scheme (ICDS) Project, Lanka, District- Nagaon, Assam.


Advocate for the petitioners : Mr. S.C. Biswas, Mr. S. Roy, Ms. K.L.R. Yanthan, Ms. A. Das, Ms. L. Hazarika, Mr. S. Biswas, Mr. I. Hussain and

Ms. J. Borah, Advocates.


(20) WP(C) 2440/2016

1. Sri Bhanti Barman, D/o. Late Nabin Ch. Barman,

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Vill- Puran Bhawanipur, P.O. Puran Bhawanipur, Dist- Barpeta.

2. Sri Nirmali Kalita Deka, W/o. Sri Kushal Deka, Vill- Beskuchi, P.O. Patharkuchi, Dist- Barpeta.

3. Sri Satyaki Choudhury, W/o. Sri Amarendra Kalita, Vill. Bhoukamari, Dist. Barpeta.

4. Sri Binapani Barman, W/o. Sri Pradip Kalita, Vill- Barbang, P.O. Barbang, Dist- Barpeta.

5. Sri Manju Halai Malakar, W/o. Sri Satish Malakar, Vill- Dubi Malipara, P.O. Dubi, Dist- Barpeta.

6. Sri Sarju Roy, W/o. Late Hriday Deka, Vill- Magaria, P.O. Magaria, Dist- Barepta.

7. Sri Hemalata Thakuria, W/o. Sri Pabitra Talukdar, Vill. Bhatauter Mahitara, P.O. Bhatanta Mahitara, Dist- Barepta.

8. Mrs. Monowara Begum, W/o. Intaz Ali Khandakar, Vill- Barbari, P.O. Sarupeta.

9. Miss Ujjala Das, D/o. Rameswar Das, Vill- Bharegaon, P.O.- Sarupeta, Dist- Barpeta.

10. Sri Girija Choudhury, W/o. Shri Bhupen Khataniar, Vill- Nityananda, P.O. Nityananda, Dist- Barpeta.

11. Sri Dipika Choudhury, D/o. Late Lakshmi Kanta Choudhury, Vill. Gobindapur, P.O.- Gobindapur, Dist- Barpeta.

12. Sri Manju Choudhury, W/o. Sarbeswar Choudhury, C/o. Project Director, Bajali ICDS Project, Pathsala, Dist. Barpeta.

13. Sri Daibaki Thakuria, W/o. Sri Bhabananda Lahakar, Vill- Bhatanta Mahitara, P.O. Bhatanta Mahitara, Dist- Barpeta.

14. Sri Dipali Thakuria,

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W/o. Dalim Thakuria, C/o. Project Director, Bajali ICDS Project, Pathsala, Dist- Barpeta. 15. Miss Gulban Nessa, W/o. Md. Akshed Ali, Vill- Khora, P.O. Sarupeta, Dist- Barpeta. 16. Sri Annada Roy, W/o. Shri Jaleswar Das, Vill- Barbhag, P.O.- Gobindapara, Dist- Barpeta. 17. Sri Biva Medhi, W/o. Shri Ajay Das, Vill- Baregaon, P.O. Sarupeta, Dist- Barpeta. 18. Sri Pravabati Choudhury, W/o. Shri Akshay Kr. Talukdar, Vill. Bhatanta Mahitara, P.O. Bhatanta Mahitara, Dist- Barpeta. 19. Sri Ami Thakuria, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O.- Pathsala, Dist- Barpeta. 20. Sri Bharati Devi, W/o. Shri Achyrit Das, Vill- Bhaluki, P.O. Bhaluki, Dist- Barpeta. 21. Sri Bhabani Medhi, W/o. Late Ranjit Kr. Medhi, Vill. Barbhaluki, P.O. Bhaluki, Dist- Barpeta. 22. Sri Jamuna Kalita, W/o. Shri Rabendra Nath Saikia, Vill. Barbhaluki, P.O. Bhaluki, Dist- Barpeta. 23. Sri Reena Choudhury, D/o. Late Manu Choudhury, Vill- Choudhuri para, P.O. Barbang, Dist- Barpeta. 24. Sri Pranita Devi, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O. Pathsala, Dist- Barpeta. 25. Sri Jaya Patgiri, W/o. Chiben Patgiri, Vill- Medhikuchi, P.O. Hathinapur, Dist- Barpeta. 26. Sri Leela Kalita, W/o. Chanakya Patgiri, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O. Pathsala, Dist- Barpeta. 27. Sri Puluma Kalita, W/o. Gandhi Kalita, Vill- Sarupeta, P.O. Sarupeta, Dist- Barpeta. 28. Sri Basanti Medhi,

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W/o. shri Ranjan Kalita, Vill- Santipur, P.O. Sarupeta, Dist- Barpeta. 29. Sri Dipika Roy Das, W/o. Shri Kalpo Das, Vill- Rahadhar Bisakala, P.O. Raypur, Dist- Barpeta. 30. Sri Rita Roy, D/o. Utshab Roy, Vill- Bamunkuchi, P.O.- Bamunkuchi, Dist- Barpeta. 31. Sri Sarala Shil, W/o. Shri Arun Ch. Medhi, Vill- Barnalikuchi, P.O. Patacharkuchi, Dist- Barpeta. 32. Sri Phuleswari Das, W/o. Shri Prabhat Roy, Vill- Nijsariha, P.O. Bamunkuchi, Dist- Barpeta. 33. Sri Sabita Roy, W/o. Krishna Dutta, C/o. Project Director, Bajali ICDS Project, Pathsala.


1. The State of Assam Represented by the Commissioner and Secretary To the Govt. of Assam, Social Welfare Department, Assam Sachivalaya, Dispur, Ghy-6.

2. The Director, Social Welfare Department, Assam, Guwahati-1.

3. The Programme Officer, Divisional ICDS Cell, Kamrup, Silpukhuri, Ghy-3.

4. The Deputy Commissioner, Barpeta. 5. The District Social Welfare Officer, Barpeta. 6. The Project Officer, Bajali ICDS Project, Pathsala.


Advocate for the petitioners : Mr. U.C. Rabha, Mr. M.M. Deka and

Mr. S.M. Sarma, Advocates.


(21) WP(C) 2472/2016

1. Miss Parul Mali, D/o. Late Bishnu Ram Mali, Village and P.O. Satakhali, District- Kamrup, Assam.

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2. Miss Kalpana Talukdar, D/o. Late Girish Talukdar, Village No.2, Zikur, P.O. Ziakur, District- Kamrup, Assam.

3. Miss Ranju Choudhury, D/o. Late Nripen Choudhury, Village No.2, Ziakur, P.O. No.2, Zikaur, District- Kamrup, Assam.

4. Mrs. Gitanjali Deka, W/o. Sri Anil Chandra Deka, Village- Guiya, P.O. Soneswar, District- Kamrup (Rural), Assam.

5. Mrs. Bilkis Begum, W/o. Md. Hafiz Uddin, Village- Betoni, P.O. Baralimari, District- Morigaon, Assam.


1. The Union of India, represented by the Secretary to the Government of India, Ministry of Human Resource Development Department of Women and Child Development (CD Section), Shastri Bhavan, New Delhi-10001.

2. The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati-6.

3. The Director, Department of Social Welfare, Assam, Uzanbazar, Guwahati-1.

4. The Child Development Officer, Rampur ICDS Projects, P.O. Bhagowatipara, (Rampur), District- Kamrup (R), Assam, Pin- 781125.

5. The Child Development Officer, The Rampur ICDS Projects, P.O. Bhagobatipara, (Rampur), District- Kamrup (R), Assam, Pin- 781125.

6. The Child Development Officer, The Rampur ICDS Projects, P.O. Bhagobatipara, (Rampur), District- Kamrup (R), Assam, Pin- 781125.

7. The Child Development Officer, The Kamalpur Rangia ICDS Projects, Rangia, P.O. Rangia, District-Kamrup(R),

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Assam, Pin- 781354. 8. The Child Development Officer,

The Lahorighat ICDS Projects, P.O. Lahorighat, District- Morigaon, Assam, Pin-782105.

9. Smti. Mira Das, Anganwadi Worker, No.1, Laddin Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup(Rural), Assam.

10. Smti. Bijuli Kalita, Anganwadi Worker, No.3, Puran Katahi Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup (Rural), Assam.

11. Smti. Rina Das, Anganwadi Worker, Bhekehabari Majpara Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup(Rural), Assam.


Advocate for the petitioners : Mr. M. Islam and Mr. M. Dutta, Advocates.

Advocate for the respondents : Mr. B.K. Sharma, S.C. Social Welfare Deptt. Mr. D.K. Saikia, C.G.C.

(22) WP(C) 2477/2016 1. Jahanara Begum,

Anganwadi Worker, No.43, Saidaria 1, Anganwadi Centre, Laokhaowa ICDS Project, W/o. Basiruddin, Vill + P.O.-Saidaria, P.S.- Rupohihat, Dist.- Nagaon, Assam, Pin: 782125.

2. Hasina Mumtaz, Anganwadi Worker, Roumari Anganwadi Centre, Lawkhowa ICDS Project, W/o. Abdul Quddus, Vill.- “Rupahi Rowmari, P.O. Rowmari, P.S. Rupahihat, Dist. Nagaon, Assam, Pin.- 782125.

3. Rekha Rani Sarkar, Anganwadi Worker, Mahabor Ali Anganwadi Centre, Lawkhowa ICDS Project, D/o. Sri Manmohan Sarkar, Vill.-Mahaborali, P.O. Dakhin Belguri, P.S. Rupahihat, Pin- 782120, Dist.- Nagaon, Assam.

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1. The State of Assam, represented by the Secretary to the Govt. of Assam, Deptt. of Social Welfare, Dispur, Ghy-6.

2. The Director, Social Welfare, Assam, Uzanbazar, Guwahati-1.

3. The District Social Welfare Officer, Nagaon.

4. The Child Development Project Officer, Lawkhowa ICDS Project, Nagaon, Assam.


Advocate for the petitioners : Md. M.H. Choudhury, Ms. L.N. Choudhury, Ms. M. Deori and

Ms. S. Khan, Advocates.


(23) WP(C) 2293/2016

1. Smti. Sharifa Begum, W/o. Md. Alizinnah Choudhury, P.O. Goalpara, Vill. Milan Nagar, Santipur, P.S. Goalpara, Dist. Goalpara (Assam) Pin- 783121.

2. Smti. Foyjan Nessa, W/o. Md. Abdus Salam, P.O. Tukura, Vill. Hadigaon Mudim Para, P.S. Agia, Dist. Goalpara, (Assam), Pin- 783126.


1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Deptt. Dispur, Ghy-6.

2. The Director, Social Welfare, Assam, Uzanbazar, Guwahati-1.

3. The District Social Welfare Officer, Goalpara, District- Goalpara, Assam, Pin-783101.

4. The Child Development Project Officer, Krishnai Balijana ICDS Project, Agia, Goalpara, Assam. Pin-783131.


Advocate for the petitioners : Mr. D.M. Thakuria,

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Mr. N. Ojah and Mr. G.C. Sharma and

Advocates.


(24) WP(C) 2775/2016 Mrs. Nazrin Sultana Choudhury, D/o- Late Nurul Hoque Choudhury, Village- Sharif Nagar, P.O.- Karnamadhu, District- Karimganj, Assam.


1. The State of Assam To be represented by the Commissioner & Secretary to the Government of Assam, Department of Social Welfare,

Dispur, Guwahati- 781006. 2. The Director of Social Welfare Department,

Uzanbazar, Guwahati-1, Assam. 3. The District Social Welfare Officer,

Karimganj, P.O. & District- Karimganj, Assam. ……………… Respondents

Advocate for the petitioner : Mr. I.A. Talukdar, Ms. P. Barman and

Ms. P. Mazumdar, Advocates.


S.C. Social Welfare Deptt. (25) WP(C) 2816/2016

Ms. Malabika Das, D/o-Sri Amiya Kumar Das, Village-Naya Gram, P.O.- Nilambazar, District- Karimgnaj, Assam.


1. The State of Assam to be represented by the Commissioner & Secretary to the Government of Assam, Department of Social Welfare,

Dispur, Guwahati- 781006. 2. The Director of Social Welfare Department,

Uzanbazar, Guwahati-1, Assam.

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3. The District Social Welfare Officer, Karimganj, P.O. & District- Karimganj, Assam.


Advocate for the petitioner : Mr. I.A. Talukdar, Ms. P. Barman and

Ms. P. Mazumdar, Advocates.



Rahena Begum, D/o- Abdul Mazid Tapadar, Village- Kapilipar, P.O.- Kharikhana, P.S.- Lanka, District-Nogaon, Assam.


1. The State of Assam To be represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Department,

Dispur, Guwahati- 781006. 2. The Director of Social Welfare & Probation,

Assam, Bal-Bhawan, Uzanbazar, Guwahati-1, Assam.

3. The District Social Welfare Officer, Nagaon, P.O. & District- Nagaon, Assam.

4. The Child Development Project Officer, Lanka ICDS Project, P.O.- Lanka, District- Nagaon, Assam.

5. Smti Ira Das, Roll No. AWW 1717683.

6. Smti Ayeshab Choudhury Roll No. AWW 1717679 Both are C/o- The Child Development Project Officer, Lanka ICDS Project, P.O.- Lanka, District- Nagaon, Assam.


Advocate for the petitioner : Dr. B. Ahmed, Mr. G. Uddin, Mr. H.I. Choudhury and

Ms. M. Buragohain, Advocates.


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1. Smti. Malati Kalita,

D/o- Thanpati Kalita, Village- Lathapara, P.O.- Hatimara, P.S.- Sipajhar, Mangaldai, District- Darrang, Assam.

2. Smt. Bimala Saharia, D/o- Ratneswar Saharia, Village- Sarabari, Barampur, Pub Nagaon, District- Darrang, Assam.

3. Smt. Tarjima Begum, D/o- Md. Tayeb Ali, Resident of No. 2 Baruajhar, Jangalpara, District- Darrang, Assam.

4. Mess. Nasrin Sultana, D/o- Md. Hazrat Ali, R/o- Ahmedpur, Islamgaon, North Lakhimpur, District- Lakhimpur, Assam.


1. The State of Assam Represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Department,



3. The Child Development Project Officer, Khoirabari ICDS Project, Darrang, Assam.

4. The Child Development Project Officer, Dalgaon-Sialmari ICDS Project, Kharupetia, Darrang, Assam.

5. The Child Development Project Officer, Karunabari ICDS Project, Laluk, Lakhimpur.


Advocate for the petitioner s : Mr. M. Kalita, Advocate. Advocate for the respondents : Mr. B.K. Sharma,


1. Bhagyalata Baruah,

W/o- Kanak Chandra Deka,

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R/o- Gerimari (Prafulla Nagar), P.O.- Mangaldai, P.S.- Mangaldai.

2. Jeuti Deka, D/o- Late Jonaram Deka, R/o- Village- Ahaka, P.O.- Rajghat, P.S.- Mangaldai.


1. The State of Assam Represented by its Commissioner & Secretary to the Government of Assam, Social Welfare Department,


Directorate of Social Welfare Department, Uzanbazar, Guwahati-1.


Advocate for the petitioners : Mr. A. Choudhury, Mr. P.K. Das, Mr. N.J. Das, Mr. D. Deka and Mr. D. Bora, Advocates


:: BEFORE ::

THE HON’BLE MR. JUSTICE MANOJIT BHUYAN

Dates of Hearing : 27.09.2016, 04.10.2016 and 10.11.2016.

Date of Judgment : 16.11.2016.

JUDGMENT AND ORDER (CAV)

In this batch of writ petitions, two categories of petitioners have assailed

the legality and validity of the selection process for appointment/promotion to the

posts of Supervisors against 25% reserved quota, so initiated pursuant to

Government Notification dated 04.06.2012. All the petitioners, who are in-service

Anganwadi Workers, for the purpose of this judgment and order, comprises of (i)

those who did not qualify in the written test (hereinafter alluded to as Category-A)

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and (ii) those qualifying in the written test and appearing in viva-voce test but not

making it to the Final Merit List (hereinafter alluded to as Category-B). To be

precise, the petitioners falling in the first category are the writ petitioners in WP(C)

843/2016; WP(C) 848/2016; WP(C) 960/2016; WP(C) 1443/2016; WP(C)

1382/2016; WP(C) 1947/2016; WP(C) 992/2016; WP(C) 845/2016; WP(C)

2197/2016; WP(C) 1988/2016; WP(C) 2242/2016; WP(C) 2440/2016; WP(C)

2472/2016; WP(C) 2293/2016; WP(C) 2775/2016; WP(C) 2816/2016 and WP(C)

1455/2016. The petitioners falling in the second category are the writ petitioners

in WP(C) 846/2016; WP(C) 1043/2016; WP(C) 1292/2016; WP(C) 1388/2016;

WP(C) 1440/2016; WP(C) 1836/2016; WP(C) 1075/2016; WP(C) 1088/2016;

WP(C) 2477/2016; WP(C) 3146/2016 and WP(C) 3030/2016.

2. Facts to be noticed are that the Government of Assam in the Social Welfare

Department issued Notification dated 04.06.2012 laying down the norms and

guidelines for selection of candidates for appointment/promotion to the posts of

Supervisors against 25% reserved quota from among the in-service Anganwadi

Workers. As per the said Notification, selection is to be made on the basis of oral

interview comprising of a total 100 marks and the distribution of marks was spelt

out in the said Notification. The in-service Anganwadi Workers concerned were

required to submit applications for appearing in the selection test before the

respective Child Development Project Officer, who in turn was required to submit

the same along with a consolidated list of candidates before the concerned District

Social Welfare Officer, which eventually is to reach the Director of Social Welfare,

Assam. Candidates were to be shortlisted by a process of scrutiny and be allowed

to appear in the oral/viva-voce test. Consequent upon individual performance in

interview to be held by the District Level Selection Committee, the Final Merit List

was to be prepared by the duly constituted State Level Selection Committee on

the basis of the records of the individual marks-sheets of the members of the

District Level Selection Committee and the Comparative Statement to be sent by

the District Social Welfare Officer concerned. The Final Merit List was to be

prepared strictly in order of merit by ensuring due representation from reserved

categories. The said Final Merit List is then to be published by the Director of

Social Welfare, Assam. The said Notification dated 04.06.2012, also lays down

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that the rules and procedure of the State/Central Government that conform to the

requirements but not incorporated in the said Notification, shall also be followed.

Apparently, all the writ petitioners submitted applications as per procedure. On

05.07.2014, a meeting was held amongst the Director of Social Welfare, Assam

and officers of the Establishment Branch where a decision was taken for

constitution of a District Level Committee for conducting written examination for

appointment to the post of Supervisors against the 25% reserved quota. The

members constituting the District Level Committee for conducting written

examination was also decided upon. The Minutes of the meeting dated

05.07.2014 was brought to the knowledge of the Commissioner and Secretary to

the Government of Assam, Social Welfare Department vide letter dated

08.08.2014 for due consideration and necessary action. In reply, the Government

in the Social Welfare Department agreed to the proposal of the Directorate for

consideration of District Level Committee for conducting written examination as

per guidelines and laid down procedure. The approval of the Social Welfare

Department was communicated vide letter dated 30.09.2014. In early January,

2016, the petitioners were issued with Admit Cards for appearing in the written

examination, which was held District-wise on 17.01.2016. As against 284 posts of

Supervisors constituting 25% reserved quota, over 12000 (twelve thousand) in-

service Anganwadi Workers appeared in the written-examination. On 27.01.2016,

the list of 1144 candidates securing the cut-off marks and above and qualifying for

viva-voce test was uploaded in the official website. Between 29.01.2016 and

30.01.2016, interview/viva-voce was held, in which 1097 candidates appeared and

eventually the Final Merit List of 250 selected candidates was uploaded in the

official website on 02.02.2016, followed by another Final Merit List of 73

candidates, so uploaded on 05.02.2016. Appointments were offered to 284

candidates after final scrutiny of the two lists by removing those roll numbers

found duplicated in both the lists and the selectees/beneficiaries joined the post of

Supervisors on 08.02.2016.

3. Before proceeding further, it would be apposite to notice that all the

aforesaid writ petitions were filed after appointments had been made to the 284

in-service Anganwadi Workers. Such appointment orders are neither assailed in

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this batch of writ petitions nor the 284 appointees are impleaded as party

respondents, save and except in WP(C) 848/2016, where 4(four) selected

candidates have been made parties, allegedly in representative capacity.

4. Mr. J. Deka, Advocate, leading the charge on behalf of the writ petitioners

submits that the selection being done by introducing the component of written

test, which is not provided under the Notification dated 04.06.2012, therefore, the

selection so made cannot have legal sanction and is liable to be interfered with by

this Court. Mr. Deka submits that selection could only have been confined to oral

interview by way of distribution of marks as per the guidelines set down in the

Notification dated 04.06.2012. The introduction of written test to be conducted by

a District Level Committee is also put to challenge on grounds that the Director of

Social Welfare, Assam, was without power and jurisdiction to constitute the said

Committee. Also, the Minutes of the Meeting held on 05.07.2014 was not notified.

Mr. Deka also contends by referring to paragraph 10 and 11 in WP(C) 848/2016

that it was only under compelling circumstances that the petitioners had to appear

in the written examination. As a matter of fact, it is submitted, that the

petitioners were issued Admit Cards on 13.01.2016, on which date they came to

learn that written test is scheduled on 17.01.2016. Although they had approached

the respondents concerned the next day objecting to the introduction of the new

component, nothing was disclosed to them. The following two dates i.e. 15th and

16th of January, 2016 were State Holidays and, therefore, they had no option but

to sit in the examination on 17th of January, 2016. As regards the issue as to why

all the appointees/beneficiaries have not been impleaded as party respondents,

Mr. Deka submits that the same was not possible in view of the fact that only Roll

numbers of selected candidates had been shown in the Final Merit List. It is

further contended that to overcome any procedural defect, the private respondent

nos. 8 to 11 have been arrayed in representative capacity by making categorical

allegations against each one of them, as would be apparent from the statements

made in paragraphs 14 and 15 in WP(C) 848/2016. Referring to the affidavit-in-

opposition filed on behalf of Respondent No.2, Mr. Deka submits that the writ

petitioner no.3 who belongs to Scheduled Tribes (Plains) category have been

shown to have secured 43 marks in written test. Situated thus and having regard

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to the cut-off marks for qualifying in the written examination, as applicable to

Anganwadi Workers belonging to Scheduled Tribes (Plains) category, standing at

31 marks, the State respondents have grossly faulted in not calling the petitioner

no.3 for interview/viva-voce test.

5. On the submission and legal proposition that the procedure prescribed

under the Notification dated 04.06.2012 is binding in nature and no departure

could have been made thereof, Mr. Deka relied upon the decisions in:

(i) (2008) 10 SCC 687 – Dipitimayee Parida v. State of Orissa;

(ii) 2007 (3) GLT 196 – Manju Dutta & Ors. v. State of Tripura;

(iii) (2007) 8 SCC 264 –M.P. State Co-op. Bank Ltd., Bhopal v. Nanuram Yadav;

(iv) 2014 (3) GLT (TR) 35 – Tanmoy Nath & Ors. v. State of Tripura.

On the issue that the writ petition, i.e. WP(C) 848/2016 is maintainable,

having at least joined 4(four) beneficiaries as party respondents in a

representative capacity, Mr. Deka relied upon the case in Prabodh Verma & Ors. v.

State of U.P., reported in AIR 1985 SC 167.

6. Lending support, Mr. M. Dutta, learned counsel representing the petitioners

in WP(C) 864/2016 submits that the entire selection was held at the whims of

officers belonging to the branch level, as would be apparent from the Minutes of

the meeting dated 05.07.2014. Evidently, the selection being held de hors the

norms and guidelines under the Notification dated 04.06.2012, the outcome of the

said selection cannot be given legal recognition. Mr. P.K. Deka, learned counsel

representing the petitioners in WP(C) 1836/2016, adopts the arguments advanced

by Mr. J. Deka and Mr. M. Dutta. Reliance is also placed in the case of Madan

Mohan Sharma and Anr. v. State of Rajasthan, reported in AIR 2008 SC 1657 for

the proposition that selection process should continue as per Advertisement and

no change in the eligibility criteria is permissible during the process. Reliance is

also placed in the case of Subodh Chintey v. State of Assam & Ors., reported in

2012 (1) GLT 377 for the proposition that a candidate participating in a selection

process cannot be debarred thereafter to question the validity thereof if the same

suffers from apparent illegalities, rendering it non est. According to him, the plea

of estoppel against the writ petitioners, as such, cannot be pressed into service.

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7. Mr. B.K. Sharma, learned counsel representing the Social Welfare

Department submits that the Final Merit List was prepared by taking into

consideration the marks obtained by candidates in both the written and viva test.

As regards introduction of written test for the purpose of selection, Mr. Sharma

submits that more than 12000 (Twelve Thousand) in-service Anganwadi Workers

had vied for appointment/promotion to the post of Supervisors against 25%

reserved quota and in order to bring in more transparency, the component of

written test was introduced. According to him, this was done in terms of

Notification dated 04.06.2012. He also submits that the said Notification dated

04.06.2012 do not create any embargo for holding written test. Submission is

also made that no challenge whatsoever has been made in any of the writ

petitions alleging any gross irregularities and mischief in the conduct of the written

test. Further contention of Mr. Sharma is that appointments have already been

granted to 284 candidates on 06.02.2016 and such appointment orders are not

under challenge in this batch of writ petitions. Referring to the judgment cited by

Mr. J. Deka in the case of Tanmoy Nath (supra), Mr. Sharma submits that the

same do not come to the aid of the writ petitioners, in as much as, at paragraph

127 of the judgment it has been made absolutely clear that the said judgment

would operate prospectively and shall not affect the appointments already made

unless the said appointments are under challenge before the Court on ground that

employment policy is illegal. Accordingly, Mr. Sharma contends that the writ

petitions are without any merit and the petitioners cannot be allowed to challenge

the selection process after having participated in the same and not having

emerged successful. Mr. Sharma also contends that in the absence of any

pleadings of any mischief in conducting the selection as being widespread and all-

pervasive affecting the result, the writ petitions itself are not maintainable without

bringing in the appointees/beneficiaries as party respondents in the case.

8. I have heard the learned counsel for the parties and have also perused the

materials available on record. This common judgment and order would answer

the issues raised in this batch of writ petitions.

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9. As the entire controversy revolves round the holding of written test, notice

may be had as to how the same came about. The meeting of 05.07.2014 amongst

the Director of Social Welfare, the Branch Officers and Assistants dealing with the

Establishment Branch had resolved to constitute a District Level Committee for

conducting written examination. Vide letter dated 08.08.2014 the Director

informed the Commissioner & Secretary to the Government of Assam, Social

Welfare Department about the constitution of the District Level Committee with

further information that the said Committee will conduct the written test as per

guidelines and laid down procedure. A reply to this end was received from the

Government of Assam in the Social Welfare Department vide letter dated

30.09.2014 agreeing to the proposal. What followed thereafter was the issue of

Admit Cards to the aspirants, fixing 17.01.2016 as the date of written test, to be

held district-wise. Apparently, all the petitioners appeared in the written test.

10. More than 12,000 in-service Anganwadi Workers, including all the

petitioners, sat in the written examination. On record, there is nothing to

demonstrate that any of the petitioners had expressed demur or objection to the

holding of the written examination. Although the petitioners in WP(C) 848/2016

have pleaded in paragraphs 10 and 11 of the writ petition that they had

approached the respondents concerned, there is no statement therein of having

expressed any objection. Averment made is only to the extent that on approach

being made to the office of the Respondent Nos.4,5 and 6, nothing was disclosed

to them. In paragraph 11 thereof it is also averred that they sat in the written

examination on 17.01.2016 under compelling circumstances. This statement

comes to no aid, in as much as, there is nothing to show that any objections had

been raised before the respondent authorities immediately after being subjected

to sit in the examination. Rather, challenge is made for the very first time in the

present proceeding which was instituted after the entire selection process stood

concluded with appointments also being completed.

11. As regards the legality in introducing the written test component, the

Notification dated 04.06.2012 does not stifle such a procedure. Rather, Clause 12

of the said Notification postulates that all other rules and procedure of the

State/Central Government that conforms to the present requirements but not

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incorporated in the Notification shall also be followed accordingly. As above, all

the petitioners in both the categories participated without demur. The holding of

written examination complies with the guidelines/requirements in terms of the

aforesaid Clause 12 of the Notification. Not to ignore, more than 12,000

candidates had vied for selection and the respondent authority in its bid to ensure

transparency brought in the component of written examination, as legally entitled

to, in terms of the prescription under Clause 12. The holding of written

examination is not an anathema to the extant rules and procedure of the

State/Central Government in a recruitment exercise. It is not a case that the rules

of the game had been changed in the midstream or after the selection process

had been initiated. As held in the case of Praveen Singh v. State of Punjab,

reported in (2000) 8 SCC 633, there is always a room for suspicion for the

common appointments if oral interview is taken up as the only criteria. Therefore,

this Court is unable to hold that in introducing the written test component, the

State respondents had resorted to a departure from the requirements or laid-down

procedure under the Notification dated 04.06.2012. As a corollary, the judgments

relied upon by the counsels for the petitioners on the binding nature of the

Notification are, per se, not applicable in the facts and circumstances of the

present proceedings.

12. Evidently, the appointees to the post of Supervisors are not made party

respondents in the present proceedings, save and except 4(four) of them, arrayed

as Respondent Nos.8 to 11 in WP(C) 848/2016. Explanation tendered is that only

the roll numbers of the selectees had been shown in the Final Merit List and,

therefore, the petitioners suffered handicap. This explanation holds no water in

the absence of any record demonstrating that the petitioners had either made

application before the concerned State respondent for collecting the names or had

suitably amended any of the writ petitions to implead the appointees as party

respondents. In any event, the appointments so made is not the subject-matter of

challenge in the present batch of cases. As regards the contention that the

4(four) selectees impleaded in WP(C) 848/2016 have been so made in

representative capacity, the issue to be decided is as to whether any pleadings

have come on record that irregularities and mischief in the selection had been so

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widespread and all-pervasive, thereby affecting the result which made it difficult

to pick out the selectees who have unlawfully benefitted by wrongfully depriving

the petitioners. There is utter absence of pleading of any gross irregularities,

particularly as regards the written test. The 4(four) private respondents in WP(C)

848/2016 cannot be deemed to represent all the other 280 selectees/ appointees.

13. The judgment in Tanmoy Nath (supra) cannot come to the aid of the

petitioners in view of the paragraph 127 thereof. To reiterate, appointments to

the post of Supervisors have already been effected and such appointments are not

the subject-matter of challenge in any of the writ petitions on ground that the

same are the outcome of an illegal employment policy.

14. There is no apparent illegality or arbitrariness in the conduct of the

selection process. There is no violation of any change in the rules of the game.

Reliance placed in Subodh Chintey (supra) and in Madan Mohan Sharma (supra)

are wholly out of context.

15. On behalf of the petitioner no.3 in WP(C) 848/2016, it is pleaded that

despite having secured 43 marks in the written test as a candidate from

Scheduled Tribe (Plains), she has been discriminated against and was not called

for viva-voce test − the cut-off marks under the category being 31. First and

foremost, the said pleading suffers from inherent contradiction, in as much as, on

one hand challenge is made to the holding of written examination and, on the

other, benefit out of the result of the written examination is sought for. Secondly,

notwithstanding the challenge, the petitioner no.3, if at all aggrieved, ought to

have endeavoured to seek remedy available under the law at the opportune

moment and not sit back and wait until the entire selection and appointment

procedure was over. No due diligence has been shown by the petitioner no.3.

Equity cannot come to her aid at such a belated stage when she opted to sleep

over her rights.

16. The petitioners in both Category-A and Category-B are also estopped from

challenging the selection process. Consistent with the law laid down by the Apex

Court in a catena of decisions, the petitioners having participated in the written

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examination and/or viva-voce without protest, only because the result of the

written test and/or interview is not palatable to them, they cannot turn around

and subsequently contend that the process was unfair or there was some lacuna

in the process.

17. For all the foregoing discussions and findings, all the writ petitions being

devoid of merits, are accordingly dismissed, however, without any order as to

costs.

18. Interim orders stands recalled/vacated.

JUDGE

Benoy

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