High Court · 2009

All the writ petitions pertain to selection and appointment of Anganwadi Workers / Helpers in different Anganwadi Centres throughout the State. Having r egard to the issue involved and as agreed to by the learned counsel for the part ies, they have been heard together and are being disposed of by this common orde r. The challenge in the writ petitions is the selection and appointment of Anganwadi Workers / Helpers on the ground of violation of adopted guidelines tow ards such selection and appointment. As could be gathered from the arguments advanced by the learned counsel Selected candidates being acceptable to local people. Candidates selected for appointment are not permanent resident of the co Select list published during the pendency of enquiry. Not considered for promotion from Anganwadi Helper to Anganwadi Worker. Over aged / under aged candidates selected. Not giving preference for experience. Member of Selection Committee though absent allotted marks. SC/ST candidates not preferred. Pregnant woman selected. Under qualified candidates selected. Replacement of the members of Selection Committee. Nominated members signatures were not obtained in the select list and ca for the parties, the challenge is mainly on the following grounds :- 1. ncerned Anganwadi Centre. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ndidates selected without approval of the members of the Selection Committee. 13. 14. 15. n. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Interview held before interview date fixed. Regular College student appointed. Non-official member nominated in Selection Committee. Father-in-law nominated as member of the Selection Committee. Violation of Govt. Circular. Petitioner below poverty line. Selected respondent did not appear in interview. Petitioner not appointed on the ground of anomaly on title. Appointed as Anganwadi Worker but discharged without any explanation. Select list not published etc. Selection under political influence / extraneous consideration. Non-acceptance of application form. Residence of the candidates disputed in terms of location and demarcatio Having regard to the disputed questions of fact involved, suggestions were invit ed from the learned counsel for the parties as to how the same could be resolved in writ jurisdiction. The learned counsel for the petitioners submit that becau se of the large scale illegality committed by the departmental authorities in co nducting the selection and selecting candidates for the aforesaid assignment of Anganwadi Workers / Helpers, the meritorious candidates have been deprived of se lection and appointment and the very purpose for which such appointments are mad e is frustrated. In the counter affidavits filed by the respondents in some of the writ petitions , they have justified the selection made. However, there is no meticulous dealin g with the disputed questions of fact raised in the writ petitions. In a number of writ petitions, no counter affidavit has been filed denying the contentions r aised in the writ petitions. Considering the nature of the allegations made which will involve decision makin g process towards resolving disputed questions of fact, suggestions were invited from the learned counsel for the parties as to what would be the best methodolo gy to resolve the same towards arriving at a just and proper decision. Some of t he learned counsel submitted for scrutinising the matter through the Deputy Comm issions of the Districts while some other suggested for such scrutiny through th e Block Development Officers of the respective Development Blocks. Some other le arned counsel appearing for the parties, suggested for resolution of the dispute d questions of fact through the departmental authorities upon calling for report s etc from the concerned authorities i.e. Gaoburas, Ward Commissioners / Members , Circle Officers, concerned Gaon Panchayats etc. Mr. A.C. Buragohain, learned Additional Advocate General, Assam and Ms. R. Chak raborty, learned Addl. Senior Govt. Advocate, Assam, have submitted that conside ring the magnitude of the problem asserted by the petitioners and having regard to the fact that this court cannot enter into the disputed questions of fact, it will be proper for the court to constitute a Committee to go into the details o f the purported anomalies committed in conducting the selection. They further su bmit that based on the report which may be submitted by the Committee, necessary follow up action towards maintaining or setting aside the selection with conseq uential retention or termination of the services of the appointees will follow. Considering the submissions made by the learned counsel for the parties and the materials on record, I am of the considered opinion that the ends of justice wil l be met if a Committee (s) is / are constituted by the Commissioner & Secretary to the Govt. of Assam, in the Social Welfare Department to look into the grieva nces of the petitioners as reflected in the individual writ petitions. It is sub mitted by the learned counsel for the parties that there will not be any occasio n for the petitioners to file individual representation before the said Commissi oner and Secretary agitating their grievances and that the individual writ petit ion may be treated as the representation. Since it will not be possible on the part of the Commissioner & Secretary to the Govt. of Assam in the Social Welfare Department to take the task of scrutinisin g the grievances of the petitioners all by himself, it is hereby provided that h e may constitute appropriate committee (s) with such members as he may deem fit and proper. In this connection, he may take into account the aforesaid suggestio ns advanced by the learned counsel for the parties. As to the constitution of th e committee, the Commissioner & Secretary shall decide as to whether it should b e only one Committee or Committees District-wise / Sub-Division-wise. As to who should be members thereof will also be a matter to be decided by the Commissione r & Secretary applying his sound discretion. It is advisable not to include depa rtmental officers in the Committee(s) against whom there are allegations. It is also advisable to get the assistance of the Deputy Commissioners and the SDOs of the Districts and Sub-Divisions respectively. In so far as the BTC area is conc erned, members from that area shall be inducted in the Committee(s). The Committee(s) to be constituted by the Commissioner & Secretary as aforesaid shall be so constituted as expeditiously as possible but not later than 31st Jan uary, 2010. Upon such constitution of the Committee(s), same shall be notified. The petitioners shall approach the said Committee(s) with their individual and a uthenticated writ petitions, which will be treated as their representations. As suggested by the learned counsel appearing for both the official and private res pondents, they may also submit their authenticated copies of the affidavits, whi ch have been filed in some of the writ petitions. Such authentications may be ma de by the parties themselves or their learned counsel. In case of any doubt rega rding authenticity, the Committee(s) will be at liberty to get the same verified through the learned State Counsel. Upon submission of the aforesaid documents, the Committee(s) as per its own moda lity find out the truth or otherwise of the grievances made in the writ petition s. After the aforesaid scrutiny is done, the Committee(s) shall answer all the c ases by appropriate and speaking orders. Depending upon the orders so passed, th e consequential action to be taken by the departmental authorities will follow. The aforesaid exercise shall be completed by the Committee(s) as expeditiously a s possible but at any rate not later then 4 (four) months from the date of const itution of the Committee(s). The Committee(s) will decide the issues involved as per the existing modality an d guidelines. The Committee(s) will make it clear that in case of furnishing any distorted version of the related state of affairs, the officers concerned shall be liable for disciplinary proceedings. It will be open for the selected and appointed candidates who are not parties to this proceeding to submit their documents through affidavits before the said Co mmittee(s). With the aforesaid directions, the writ petitions are disposed of. Records recei ved by the Registry from the official respondents shall be sent back. Let a copy of this order be furnished to Ms. R. Chakraborty, learned Addl. Senio r Govt. Advocate, Assam. Bring this order to the notice of the Deputy Registrar (J).