Protima Dey Laskar and 8 Ors v. The State of Assam and 16 Ors

JUDGMENT & ORDER (ORAL) Date: 09.01.2023 Heard Mr. KN Choudhury, learned senior counsel for the petitioners in WP(C)No.7954/2017. We have also heard Mr. PKR Choudhury, learned Amicus Curiae for the petitioners in WP(C)No.4051/2017 as well as Mr. D Nath, the Senior Government Advocate for the respondents in the Social Welfare Department, Government of Assam.

¶2An advertisement dated 08.09.2009 was issued by the In-Charge CDPO of Kalain ICDS Project Cachar inviting applications for the post of Anganwadi workers and helpers in respect of the Anganwadi Centres listed in the said advertisement. The selection resulted in a select list of the year 2010 wherein the names of the petitioners in WP(C)No.7954/2017 are stated to be included. But without bringing the process to its logical end, in respect of the same posts, another advertisement dated 20.07.2013 was issued which was assailed in WP(C)No.4681/2013 and WP(C)No.399/2014. The said two writ petitions were given a final consideration by the order dated 05.05.2015 by which the advertisement dated 20.07.2013 was interfered. The implication of interfering with the subsequent advertisement dated 20.07.2013 in respect of the same posts would be that the earlier selection process pursuant to the advertisement Page No.# 11/15 dated 08.09.2009 is required to be brought to its logical end. In the process of bringing the advertisement dated 08.09.2009 to its logical end, another select list was prepared and allegations were raised that some people who were residents outside the territorial jurisdiction of the area of the respective Anganwadi Centres were also included. Upon such allegations, WP(C)No.3442/2016 was instituted which was given a consideration by the order dated 08.06.2016. By the order of 08.06.2016 in WP(C)No.3442/2016, the persons who had raised the allegations that residents outside the jurisdictional area of the respective Anganwadi Centres were also included, were required to file their respective representations. Accordingly, representations were filed which resulted in the order dated 14.06.2017 of the Director of Social Welfare Department. By the order dated 14.06.2017, in respect of the concerned Anganwadi Centres, certain persons were found to have been residents outside the jurisdictional area of the Anganwadi Centres concerned and their selections were interfered. But by the order dated 14.06.2017 of the Director, while doing so, it was also provided that in respect of the posts which would be the resultant vacancies upon the outsider candidates being removed, there would be a fresh advertisement.

¶3WP(C)No.7954/2017 is instituted on the grievance that as these posts are also included in the advertisement dated 08.09.2009 wherein as per the order dated 05.05.2015 in WP(C)No.4681/2013 and WP(C)No.399/2014 there is a requirement to bring the selection process to its logical end, therefore, a fresh advertisement in respect of some of the posts cannot be issued once again and if it is done it would be in conflict with the requirement of the order dated

05.05.2015 in WP(C)No.4681/2013 and WP(C)No.399/2014. Page No.# 12/15

¶4We are in agreement with Mr. KN Choudhury, learned senior counsel for the petitioner that a fresh advertisement cannot be issued for the said posts which were subjected in the advertisement dated 08.09.2009, where there is a requirement to bring the process to its logical end. Accordingly, the part of the order dated 14.06.2017 of the Director Social Welfare Department requiring initiation of a fresh advertisement for such vacant post is set aside.

¶5With regard to the other provisions of the order dated 14.06.2017, WP(C)No.4051/2017 has been instituted by such candidates who were declared to have been residents outside the territorial jurisdiction of the respective Anganwadi Centres by the order dated 14.06.2017.

¶6Mr. PKR Choudhury, learned counsel for the petitioners in WP(C)No.4051/2017 makes a submission that the petitioners therein were declared to have been persons from outside the territorial jurisdiction of the respective Anganwadi Centres without following due procedure of law i.e. no opportunity of hearing were given to such petitioners. In view of the stand of Mr. PKR Choudhury, learned counsel for the petitioners in WP(C)No.4051/2017 that the due procedure of law was not followed before declaring the said petitioners to be residents outside the jurisdictional area of the respective Anganwadi Centres, we provide that the respective writ petitioners of WP(C)No.4051/2017 shall file their individual representations before the Director of Social Welfare Assam stating in detail in what manner they are residents within the territorial area of the respective Anganwadi Centres. Upon such representations being submitted, the Director shall give individual hearing to the Page No.# 13/15 petitioners making such representations and thereupon arrive at a factual determination as to whether the individual petitioners are residents within the territorial area of the respective Anganwadi Centres. If the decision to be arrived at would be that they are in fact residents within the territorial jurisdiction of the respective Anganwadi Centre, the order removing them from the respective posts on the ground of not being the residents within the territorial area of the Anganwadi Centre concerned shall be reviewed and rectified. On the other hand, the decision would remain if the respective petitioners are residents outside the territorial jurisdiction of the respective Anganwadi Centres, the order dated 14.06.2017 in respect of such petitioners would prevail and the resultant vacancies be filled up by bringing the process of selection pursuant to the advertisement dated 08.09.2009 to its logical end.

¶7It is stated that there is also a subsequent advertisement of the year 2010 for the same purpose, pursuant to which also the selection process was initiated. The two advertisements, i.e. the advertisement dated 08.09.2009 and the subsequent advertisement of the year 2010 be read as one advertisement.

¶8We also take note of the communication dated 05.01.2023 of the Director Women and Child Development Department, Assam made to the learned Additional Senior Government Advocate, Assam, the purport of which is also in conformity of the provisions of this order. Accordingly, the Director shall do the needful.

¶9We also take note that Mr. PKR Choudhury, learned counsel was requested Page No.# 14/15 to be the Amicus Curiae for the petitioners in WP(C)No.4051/2017, and, therefore, the learned counsel may not have contact with the writ petitioners. As the said writ petitioners are presently serving under the Social Welfare Department, or re-nomenclatured as Women and Child Development Department, Assam, the Director of the Department may do the needful to inform the petitioners in WP(C)No.4051/2017 about the requirement of this order.

¶10The entire process indicated above be completed within a period of two months from the date of receipt of a certified copy of this order.

¶11In respect of the petitioners in WP(C)No.4051/2017, they may continue as such, till such reasoned order is passed by the Director as indicated above.

¶12In the event, the order of the Director is against the petitioners in WP(C)No.4051/2017, they have to make way for the other selected candidates or if it is otherwise, the consequent reasoned order to be passed by the Director shall have its effect.

¶13It is clarified that upon the Director informing the petitioners in WP(C)No.4051/2017 about the requirement of this order, the respective petitioners shall file their applications without any delay so that the reasoned order as required can be effectively passed by the Director. If such applications are not filed by the petitioners in WP(C)No.4051/2017 within the period of one month, the provisions of the order dated 14.06.2017 providing for their ouster Page No.# 15/15 from service shall prevail.

¶14Both the writ petitions stand disposed of in the above terms.

¶15The requisite fee of the learned Amicus Curiae be accordingly paid to Mr. PKR Choudhury, learned counsel who appeared on behalf of the petitioners in WP(C)No.4051/2017.

JUDGE Comparing Assistant

PageoNo.#o1/15 GAHC010154482017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7954/2017o JAHANARAoBEGOMoCHOUDHURYoando9oORS.o W/OoTAJUDDINoCHOUDHURY,oVILL-oKHELMA-oVI,oWARDoNO.3,oPS- KATIGORAH,oDIST.oCACHAR,oASSAM,oPIN-788815 2:oSMTIoDINARAoBEGOMoBARBHUIYA oW/OoRIAJoUDDIN oVILL-oWESToSARASPUR oWARDoNO.o10 oPO-GUMRAoBAZAR oPS-oKATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 3:oSMTIoCHAMPAoRANIoBAISHNAB oW/OoJAYALoBAISHNAB oVILL-oKHELMAoVII oWARDoNO.o9 oPO-GUMRAoBAZAR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 4:oSMTIoSULTANAoBEGOMoBARBHUIYA oW/OoABDULoKAYURoCHOUDHURY oVILL-KAYUR oKHELMAoIIoLAMARGRAMoWARDoNO.2 oPO-GUMRAoBAZAR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 PageoNo.#o2/15 5:oSMTIoMUFIDAoBEGOMoBARBHUIYA oW/OoNIZAMUDDINoBARBHUIYA oVILL-oRANGPUR oWARDoNOo4 oPO-JALALPUR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 6:oSMTIoSUJATAoRANIoDAS oW/OoJHONTUoBAISHNAB oVILL-KHELMA-V oWARDoNO.o7 oPO-oGUMRAoBAZAR oDIST.oCACHAR oASSAM oPIN-788815 7:oSMTIoSABITAoDAS oW/OoNIBARANoCH.oDAS oVILL-CHALIGRAM oWARDoNO.7 oPO-KALAIN oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 8:oSMTIoHOLYoROY oW/OoHIMANGSHUoROY oVILLoBHATGRAM oWARDoNO.o8 oPO-KALAIN oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 9:oSMTIoARCHANAoDAS oW/OoAJIToKUMARoDAS oVILL-BISWAMBARPUR oWARDoNO.o3 oPO-JALALPUR oPSoKATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 Page No.# 3/15 10: SMTI CHAMPA BEGOM W/O ABDUL WAICH VILL-PIR NAGAR WARD NO. 9 PO-JALALPUR PS- KATIGORAH DIST. CACHAR ASSAM PIN-78881 VERSUS THE STATE OF ASSAM and 13 ORS. REP. BY THE COMMISSIONER and SECRETARYTO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZAN BAZAR GUWAHATI-1 3:THE DEPUTY COMMISSIONER CUM-CHAIRMAN OF PROJECT LEVEL SELECTION COMMITTEE CACHAR ASSAM PIN-788001 4:THE DISTRICT SOCIAL WELFARE OFFICER SILCHAR DIST. CACHAR ASSAM PIN-788001 5:THE CHILD DEVELOPMENT PROJECT OFFICER CUM- MEMBER SECRETARY KALAIN ICDS PROJECT PO-HILARA CACHAR-788815 ASSAM 6:SMTI PROTIMA DEY LASKAR W/O UTTAM KR. DEY LASKAR VILL-SARASPUR PO-GUMRA BAZAR PS-KATIGORAH PageoNo.#o4/15 oDIST.oCACHAR oASSAM oPIN-788815 7:SMTIoSILPIoNATH oW/OoSUBHASHoCH.oNATH oR/OoVILL-KHELMAoPART-VII oWARDoNO.o8 oPO-oGUMRAoBAZAR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 8:SMTIoMINARAoBEGUMoLASKAR oD/OoLATEoSAIFUDDINoLASKAR oR/OoVILL-oKHELMAoPART-II oWARDoNO.o3 oPO-SADISHoKHAL oPS-oKATIGORAHoDIST.oCACHARoASSAM oPIN-788815 9:SMTIoRUSNAoBEGOMoCHOUDHURY oW/OoABTABoUDDINoBORBHUYAN oR/OoVILL-oNIZ-JALALPURoPART-II oPO-JALALPUR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 10:SMTIoRANJANoBAISHNAB oW/OoRAMoSUNDARoBAISHNAB oR/OoVILL-oKHELMAoPARToV oPO-GUMRAoBAZAR oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 11:SMTIoSAMPAoRANIoDAS oD/OoMANTUoDAS oR/OoVILLoCHALIGRAM oPO-KALAIN oPS-KATIGORAH oDIST.oCACHAR oASSAM oPIN-788815 Page No.# 5/15 12:SMTI PUSPITA DAS D/O SUNARAM DAS R/O VILL- BISWAMBARPUR PO-JALALPUR PS- KATIGORAH DIST. CACHAR ASSAM PIN-788815 13:SMTI SALMA BEGUM D/O ABDUR RAHMAN R/ VILL-SOUTH TINTIKRI PO HILLARA PS-KATIGORAH DIST. CACHAR ASSAM PIN-788815 14:SMTI AROTI DAS W/O AMARESH DAS R/O VILL-PIR NAGAR PO-JALALPUR PS-KATIGORAH DIST. CACHAR ASSAM PIN-78881 Advocate for the Petitioner : MR.J PATOWARI Advocate for the Respondent : MR. N BARUA, R- 6-14 Linked Case : WP(C)/4051/2017 PROTIMA DEY LASKAR and 8 ORS. W/O- UTTAM KR. DEY LASKAR VILL- SARASPUR P.O- GUMRA BAZAR P.S- KATIGORAH DIST- CACHAR ASSAM 2: SILPI NATH PageoNo.#o6/15 W/O-oSUBHASHoCHANDRAoNATH oR/O-oVILL-oKHELMAoPART-VII oP.O-oGUMRAoBAZAR oP.S-oKATIGORAH oDIST-oCACHAR oASSAM o3:oMINARAoBEGUMoLASKAR D/O-oLATEoSAIFUDDINoLASKAR oR/O-oVILL-oKHELMAoPART-II oLAMARGRAM oP.O-oSADISHoKHAL oP.S-oKATIGORAH oDIST-oCACHAR oASSAM o4:oRUSNAoBEGUMoCHOUDHURY W/O-oABTABoUDDINoBORBHUYAN oR/O-oVILL-oNIZJALALPUR oP.O-oJALALPUR oP.S-oKATIGORAH oDIST-oCACHAR oASSAM o5:oRANJANAoBAISHNAB W/O-oRAMoSUNDARoBAISHNAB oR/O-oVILL-oKHELMAoPART-V oP.O-oGUMRAoBAZAR oP.S-