Disposed

Sakina Yasmin v. the State of Assam and 3 Ors.

Gauhati HC2 Jun 2023WP(C)/917/2023

Case brief

AI extract

What is this about?

Petitioner challenged rejection from Anganwadi Worker post due to alleged physical unfitness. Court held enquiry is pending and directed Director of Women and Child Welfare to decide on fitness based on enquiry report within three months.

What did the court decide?

Upward direction to respondent director to decide petitioner's physical fitness based on enquiry report within 3 months.

Sakina Yasmin Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010027252023

¶3

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

¶4

Case No. : WP(C)/917/2023

¶5

SAKINA YASMIN

¶6

W/O- ROFIKUL HAQUE, R/O- VILL- ROWA PART I, P.O. MODHUSALMARI, P.S. GOURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WELFARE OF WOMEN AND CHILDREN DEPTT. (EARLIER SOCIAL WELFARE DEPTT.), DISPUR, GHY-6

¶9

2:THE DIRECTOR OF WOMEN AND CHILD WELFARE (EARLIER SOCIAL WELFARE) ASSAM UZANBAZAR GHY-1 3:THE DISTRICT SOCIAL WELFARE OFFICER DHUBRI DIST.- DHUBRI ASSAM 4:THE CHILD DEVELOPMENT PROJECT OFFICER GAURIPUR ICDS PROJECT DHARMASHALA DIST.- DHUBRI ASSA

¶10

Advocate for the Petitioner : MR D KALITA

¶11

Advocate for the Respondent : GA, ASSAM

¶12

Page No.# 2/3

¶13

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶14

ORDER

¶15

Date : 02-06-2023

¶16

Heard Mr. D. Kalita, learned counsel for the writ petitioner. Also heard Mr. S.S. Roy, learned Govt. Advocate, Assam appearing on behalf of all the respondents.

¶17

The writ petitioner herein had participated in the recruitment process for appointment of Anganwadi Worker under Rowa Part- I Anganwadi Centre under Gauripur ICDS Project. However, the candidature of the petitioner was rejected on the ground that she was physically unfit for being appointed as Anganwadi Worker. Aggrieved thereby, the instant writ petition has been filed.

¶18

Mr. S.S. Roy, learned Govt. Advocate, Assam submits that during the pendency of this writ petition an enquiry had been ordered so as verify the physical status of the petitioner and ascertain as to whether she was fit to be appointed as Anganwadi Worker. The enquiry report is still awaited.

¶19

Whether the petitioner is physically fit or not is a matter to be verified by the departmental authorities on the basis of proper enquiry. Therefore, this Court is of the opinion that the respondent No. 2, i.e. the Director of Women and Child Welfare Department will be the competent authority to take a decision on the question of physical fitness of the petitioner to hold the post of Anganwadi Worker upon proper enquiry. Since an enquiry has already been initiated and the report is still awaited, respondent No. 2 can

¶20

Page No.# 3/3

¶21

take a decision on the issue after taking note of the enquiry report within a reasonable time.

¶22

In view of the above and as agreed to by the learned counsel for both the sides, this writ petition is being disposed of with a direction upon the respondent No. 2 to take a decision in the matter of physical fitness of the petitioner based on the enquiry report that may be available in this case.

¶23

The aforesaid exercise be carried out and completed as expeditiously as possible but not later than 03 months from the date of receipt of a certified copy of this order.

¶24

Writ petition stands disposed of.

¶25

JUDGE

¶26

¶27

Comparing Assistant

Sakina Yasmin v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Sakina Yasmin 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

Atiqur Rahman Vs the State of Assam and 6 Ors.

Abdul Karim Vs the State of Assam and 6 Ors.

Shri Manoj Kr. Saloi and 5 Ors. Vs the Union of India and 3 Ors.

Tuloshi Dhar Sarma and 38 Ors. Vs Ananda Bhusan Das and 10 Ors.

Indrajit Kalita and 11 Ors. Vs Ananda Bhusan Das and 9 Ors.

Hasen Ali Sheikh and 3 Ors. Vs Ananda Bhusan Das and 9 Ors.