Disposed

Deluwara Khatun v. the State of Assam and 3 Ors.

Gauhati HC28 Apr 2022WP(C)/2754/2022

Case brief

AI extract

What is this about?

Writ petition filed by an Anganwadi Helper rejected for promotion due to an unacceptable HSLC certificate. Court directed the Director of Social Welfare to examine the certificate, pass a reasoned order within 15 days, and grant consequential benefits if accepted.

What did the court decide?

Director of Social Welfare to pass a reasoned order within 15 days on the petitioner's representation, and grant consequential benefits if the certificate is acceptable.

Deluwara Khatun Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010078232022

¶3

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

¶4

Case No. : WP(C)/2754/2022

¶5

DELUWARA KHATUN

¶6

W/O- BILLAL HUSSAIN, VILL.- DABALIPARA, P.S. HOWLY, DIST- BARPETA, ASSAM.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GHY.-06.

¶9

2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GHY.-1. 3:THE DIST. SOCIAL WELFARE OFFICER BARPETA DIST.- BARPETA ASSAM. 4:THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) BHAWANIPUR ICDS PROJECT HOWLY ASSAM

¶10

Advocate for the Petitioner : MR. P RAHMAN

¶11

Advocate for the Respondent : GA, ASSAM

¶12

Page No.# 2/3

¶13

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶14

O R D E R

¶15

28.04.2022

¶16

Heard Mr. P Rahman, learned counsel for the petitioner and Mr. JK Parajuli, learned counsel for the respondents in the Social Welfare Department, Government of Assam.

¶17

The petitioner claims to be working as an Anganwadi Helper in the 256 No. Dabalipara Uttar Madhya Anganwadi Centre in the Barpeta district having been engaged as per letter dated 23.12.2009. There was an advertisement dated 17.11.2021, amongst others, for the post of Anganwadi Worker in the 256 No. Dabalipara Uttar Madhya Anganwadi Centre. The petitioner submitted her application pursuant to the said advertisement for the post of Anganwadi Worker. But the application of the petitioner was rejected. The reason given for rejection of the candidature of the petitioner is that the HSLC Certificate of the petitioner is not acceptable.

¶18

The petitioner refers to a certificate bearing Serial No. 1907581 dated 2020 issued by the Controller of Examinations, State Board of Secondary Education, Delhi. The heading of the certificate shows it to be a certificate from the State Open Board of Secondary Education, Delhi.

¶19

As the candidature of the petitioner was rejected on the unacceptability of the said certificate, we require the petitioner to submit a representation before the Director of Social Welfare, Assam, who shall examine as to the acceptability of the certificate submitted by the petitioner, which is available as Annexure-II page 12 of the writ petition and pass a reasoned order thereon.

¶20

Upon considering the matter, if the Director is of the view that the

¶21

Page No.# 3/3

¶22

certificate is an acceptable certificate under the law, necessary consequential benefits be given to the petitioner.

¶23

The representation be filed within a period of three days from today and the Director to pass a reasoned order within a period of fifteen days from the date of receipt of such representation.

¶24

The writ petition is disposed of in the above terms.

¶25

JUDGE

¶26

Comparing Assistant

Deluwara Khatun v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Deluwara Khatun v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saribun Nessa Mazumdar Vs the State of Assam and 6 Ors.

Mrinal Kalita Vs the State of Assam and 3 Ors.

Nazir Ahmed Talukder Vs the State of Assam and 5 Ors.

Dr. Biswajit Nath Vs Samir Kumar Sinha, IAS and 3 Ors.

Anupam Saikia Vs the State of Assam and 5 Ors.

Ramen Gogoi Vs the State of Assam and 5 Ors.