Joonmani Pagag Gam vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3568 Gua

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GAHC010162612021




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

                               Case No. : WA/293/2021

         JOONMANI PAGAG GAM
         W/O SHRI PADMESWAR GAM R/O VILL- UTTAR BOGORIGURI, P.O.
         KULLAMOHWA, DIST. JORHAT, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OFASSAM,
         SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR OF SOCIAL WELFARE

          ASSAM
          UJANBAZAR
          GUWAHATI - 781001.

         3:THE DISTRICT SOCIAL WELFARE OFFICER

          JORHAT DISTRICT
          JORHAT
          ASSAM.

         4:THE CHILD DEVELOPMENT PROJECT OFFICER

          UJAN MAJULI ICDS PROJECT
          JENGRAIMUKH DIST. JORHAT
          ASSAM.

         5:SMTI. JIBANI PAGAG KHAMAN
         W/O- DEBESWAR PAGAG
          PREMANENG RESIDENT OF VILLAGE- BORIGURI
          P.O. KULLAMOHWA MAJULI
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             DIST.- JORHAT
             ASSA

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

(Oral)

21-12-2021 (Sudhanshu Dhulia, C.J.)

Heard Mr. UK Nair, learned senior counsel assisted by Mrs. K Devi, learned counsel for the appellant. Also heard Mr. M Chetia, learned Junior Government Advocate, Assam, appearing for the State respondents.

2. This writ appeal has been filed against the judgment and order of the learned Single Judge dated 01.09.2021 whereby the writ petition filed by the present appellant was dismissed.

3. The petitioner/writ appellant and the respondent No.5 both were the candidates for the post of Anganwadi Worker for the Mini Anganwadi Centre situated at Uttar Bogoriguri village. In the selection process preference was given to the respondent No.5 and she was selected and appointed to the post of Anganwadi Worker. The petitioner/writ appellant challenged the selection and appointment of the respondent No.5 before the learned Single Judge in WP(C) 1900/2016 and the learned Single Judge vide order dated 01.09.2021 dismissed Page No.# 3/4

the said writ petition. Aggrieved, the writ petitioner has filed the present appeal before this Court.

4. The case of the petitioner/writ appellant was primarily on the ground that the respondent No.5 is not a resident of Uttar Bogoriguri village but of Bogoriguri village and therefore, she is not eligible to be considered for the post of Anganwadi Worker for Uttar Bogoriguri Mini Anganwadi Centre. However, the learned Single Judge has relied upon a report 22.01.2015 of the Programme Officer, according to which the respondent No.5 belongs to Uttar Bogoriguri village and therefore, she is eligible. The petitioner/writ appellant has challenged the order as well as finding of the learned Single Judge relying upon certain documents which suggest that the respondent No.5 actually resides in Bogoriguri village whereas the Mini Anganwadi Centre is for Uttar Bogoriguri village.

5. The selection and appointment of the Anganwadi Workers are done in Assam on the basis of the Notification dated 16.06.2012 wherein one of the mandatory requirements and qualifications for appointment of an Anganwadi Worker is given at clause 1(i). As per clause 1(i) of the said notification, the candidate for the post of Anganwadi Worker (AWW) Anganwadi Helper (AWH) shall be a local Woman residing in the "concerned Revenue Village", where the Anganwadi Centre is located.

6. During the course of argument, we had asked the learned Government Advocate to find out whether Uttar Bogoriguri and Bogoriguri are the same revenue village? Today, we have been informed that the revenue village on record is called only Bogoriguri and Uttar Bogoriguri is a part of the Bogoriguri revenue village.

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7. That being the position, therefore even assuming for the sake of argument, that the respondent No.5 resides in Bogoriguri Village, she would still be resident of revenue village which is Bogoriguri and since Uttar Bogoriguri is a part of the Bogoriguri village, she is eligible for appointment to the post of Anganwadi Worker as per clause 1(i) of the Notification dated 16.06.2012 as she is a local resident of the revenue village, which in this case is Bogoriguri.

8. We, therefore, do not find any ground to interfere with the order of the learned Single Judge dated 01.09.2016 passed in WP(C) 1900/2016. The writ appeal is devoid of merit and is, accordingly, dismissed.

                      JUDGE                   CHIEF JUSTICE


Comparing Assistant