Petitioner challenged the appointment of an Anganwadi worker, alleging she was an ineligible outsider. The Court found disputed questions of fact regarding residence and held that evidence must be adduced, making the writ petition improper for the issue.
Liberty granted to approach Civil Court. Writ Petition dismissed with costs in discretion.
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GAHC010047982015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7311/2015
SALEHA PARBIN
W/O- AMIRUL HAQUE, VILL.- CHENGLIDIA, P.O.- CHENIMARI, DIST.BARPETA, ASSAM, PIN- 781305.
VERSUS
THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, DEPTT. OF SOCIAL WELFARE, DISPUR, GHY- 6.
2:THE DIRECTOR OF SOCIAL WELFARE ASSAM BAL BHAWAN UZANBAZAR GHY- 1.
3:THE DIST. SOCIAL WELFARE BARPETA P.O. and DIST.- BARPETA ASSAM PIN- 781301.
4:THE CHILD DEVELOPMENT PROJECT OFFICER CHENGA ICDS PROJECT P.O.- BOHORI DIST.- BARPETA ASSAM PIN- 781302.
5:THE DY. COMMISSIONER BARPETA P.O. and DIST.- BARPETA
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ASSAM PIN- 781301. 6:TARA BHANU W/O- KADER SIKDAR VILL.- CHENGLIDIA P.O.- CHENIMARI DIST.- BARPETA ASSAM PIN- 781305. 7:NARJIMA KHANAM W/O- MAINUL KHAN VILL.- CHENGLIDIA P.O.- CHENIMARI DIST.- BARPETA ASSAM PIN- 781305
Advocate for the Petitioner : MR.S ALI
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
17.12.2021
Heard Mr. B.K. Das, learned counsel for the petitioner as well as Mr. J.K. Goswami, learned counsel for the State respondents. No one appears for the respondent Nos. 6 & 7.
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within the revenue village covered by the said Anganwadi Center.
“4. That the deponent begs to state that the writ petitioner and the respondent no. 6 Tara Bhanu & respondent no. 7, Narjima Khanam appeared in the interview pursuant to advertisement dated 8/11/2012 for the post of AWW against Chenglidia NC AWC No. 171 as reflected in the comparative statement wherein it is crystal clear that the writ petitioner obtained 44.25 marks in the interview whereas the respondent no. 6 Tara Bhanu obtained 56.58 & respondent no. 7 Narjima Khanam obtained 52.91 in the interview. Respondent no. 6 secured 1st position, respondent no. 7 secured 2nd position and writ petitioner secured 3rd . It is pertinent to mention herein that the residential certificate dated 21/11/2012 appended with the application form issued by the Gaonbura in favour of respondent no. 6 speaks that the respondent no. 6 Tara Bhanu resides at Chenglidia revenue village and she is within the AWC area in question and residential certificate issued by the Gaonbura countersigned by the Secretary 25 no. Rowmari Pather GP in favour of respondent no. 7, Narjima Khanam speaks that she is a resident of Chenglidia revenue village and also resides within the AWC in question and the record also reveals that the writ petitioner is also a resident of Chenglidia revenue village as well as she is residing within the AWC in question. The selection was made on the basis of merit including criteria mentioned in the advertisement. The deponent craves leave of the Hon’ble Court to produce the aforesaid residential certificates at the time of hearing of the case.
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a Certificate issued by the Gaonburah dated 21.11.2012 which shows that the respondent no.6 resides in the Chenglidia NC village, which is within the area covered by the concerned Anganwadi Centre.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to be relieved of the appointment of an outsider respondent as an Anganwadi worker?
Whether a writ petition is the proper forum to decide disputed questions of fact regarding residence and selection of a worker?
SALEHA PARBIN
THE STATE OF ASSAM
THE DIRECTOR OF SOCIAL WELFARE ASSAM
THE DIST. SOCIAL WELFARE BARPETA
THE CHILD DEVELOPMENT PROJECT OFFICER CHENGA
THE DY. COMMISSIONER BARPETA
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
