The Writ petitioner, an Anganwadi helper, sought promotion to Anganwadi worker. She was disqualified because she exceeded the age limit of 45 years prescribed in recruitment advertisements. The High Court dismissed her writ petition holding her claim untenable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010002452022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/174/2022
ANIMA TALUKDAR W/O KARUNA KANTA TALUKDAR. VILLAGE SONKUCHI, WARD NO. 15, PO SONKUCHI, PS BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT,DISPUR, GUWAHATI 06
2:THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT
ASSAM UZANBAZAR GUWAHATI 01
3:THE DISTRICT SOCIAL WELFARE OFFICER
BARPETA ASSAM
4:THE CHILD DEVELOPMENT PROJECT OFFICER BHAWANIPUR ICDS PROJECT HOWLY DIST BARPETA ASSAM
5:LALBHANU KHATUN ANGANWADI HELPER OF 225 NO. SONKUCHI COLONY ANGANWADI CENTRE VILLAGE SONKUCHI PS AND DIST BARPETA
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ASSAM 78131
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02.06.2022
Heard Mr. H.A. Ahmed, learned counsel for the petitioner and Mr. T.C. Chutia, learned Addl. Senior Govt. advocate appearing for the respondents.
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dated 24.12.2019 and 17.11.2021 was issued. Therefore, as the petitioner is disqualified for appointment in view of condition no. 5 of both the advertisement dated 24.12.2019 and 17.11.2021, no case is made out by the petitioner for an interference with the employment advertisement dated 17.11.2021. Moreover, having participated in the selection process pursuant to advertisement dated 17.11.2021, it is not open to the petitioner to challenge the said advertisement.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether a petitioner who exceeded the prescribed age limit at the time of the invited application can challenge the employment advertisement on age grounds.
Whether the petitioner can be granted promotion when she was disqualified due to exceeding the age limit of 45 years under the recruitment rules.
Whether the Writ Court can interfere with the employment advertisements dated 24.12.2019 and 17.11.2021.
Anima Talukdar
The State of Assam and others
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
