8. Upon hearing the learned counsels for the rival parties, this Court is of the considered view that notwithstanding the approval said to have been given to the Director of Social Welfare to promote the Respondent No. 6 to the post of Anganwadi Worker from the post of Anganwadi Helper, having regard to the communication dated 15.06.2015 made by the Director of Social Welfare Department requiring the District Elementary Education Officer, Kamrup (R) to take a final decision on the educational qualification of the Respondent No. 6, the District Elementary Education Officer concerned shall therefore look into the matter as written in the said communication and take a final decision on the educational qualification of the Respondent No. 6. If the Respondent No. 6 is not found to be qualified upon such consideration, the approval given in favour of Respondent No. 6 shall stand compromised and the post of Anganwadi Worker should be filled up by considering eligible persons and further, in the event the same is done, the petitioner shall also be given a fair chance to participate. On the other hand if the approval given by the Director of Social Welfare Department to the promotion of the Respondent No. 6 is pursuant to the finding already arrived at by the District Elementary Education Officer on the educational qualification of the Respondent No. 6, the approval given for appointment of the Respondent No. 6 as communicated on 15.02.2020 shall be sustained and not disturbed. If such exercise had not been completed as already observed herein above, the District Elementary Education Officer concerned shall do the needful within a period of 2 months from the date of receipt of certified copy of this order. If such exercise is to be undertaken, it is made clear that fair opportunity of personal hearing shall be given to Respondent No. 6 before taking a final decision.
