Tripura High Court

Smt. Putul Debbarma vs The State Of Tripura on 13 May, 2025

                    HIGH COURT OF TRIPURA
                            AGARTALA

                        WP(C) No.111 of 2024

 Smt. Putul Debbarma,
 Wife of Sri Ajoy Debbarma, resident of Samnapara, West
 Jarulbachai ADC Village, P.O Dhupchara, District West Tripura.
                                               ......... Petitioner(s)

                            -Versus-

 1.   The State of Tripura,
      Represented by the Secretary, Social Welfare and Social
      Education, Government of Tripura, PO New Secretariat,
      Agartala, PIN 799010.
 2.   The Director,
      Social Welfare and Social Education, Government of Tripura,
      Agartala, Tripura West, PIN 799006.
 3.   The DM & Collector,
      West Tripura District, Agartala, Tripura, PIN 799001.
 4.   The Child Development Project Officer,
      Dukli ICDS Project, PO ONGC West Tripura, Agartala.
 5.   Smt. Rita Debbarma,
      Wife of Sri Mangal Debbarma residing at Rabisadhu Para, PO
      S K Para, West Tripura, PIN 799004.
                                               ........Respondent(s)

For the Petitioner(s)       :    Mr. C.S. Sinha, Advocate.
For the Respondent(s)       :    Mr. P. Gautam, Senior G.A.
Date of hearing             :    13th May, 2025.
& delivery of
Judgment & Order
                                  YES     NO
Whether fit for reporting   :             √



        HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
                  JUDGMENT & ORDER (ORAL)

Heard Mr. C.S. Sinha, learned counsel for the petitioner

and Mr. P. Gautam, learned senior G.A. for the State-respondents.

[2] The case of the petitioner is that she is resident of

Samnapara of West Jarulbachai ADC village whereas the residence

of respondent no.5 is at Rabisadhu Para of said village. The

petitioner earlier vide memorandum dated 02.12.2022 issued by

the Child Development Project Officer, Dukli ICDS Project, West

Tripura, was engaged as Substitute Anganwadi Worker in

Samnapara Anganwadi centre as the regular Anganwadi worker

namely, Smt. Mangaleswari Deb Barma retired.

[3] Thereafter, the Child Development Project Officer (for

short CDPO), Dukli issued one advertisement on 09.06.2023 for

selection of Anganwadi Worker and Anganwadi Helper in respect of

said Samnapara AWC along with selection of Anganwadi Workers

and Helpers in some other Anganwadi centres. In the

advertisement, it was categorically mentioned that only female

married/widow candidates were eligible to apply for the post of

Anganwadi worker and Anganwadi helper who were normally the

residents of the village where Anganwadi centre was located and

belonged to the feeder villages/wards of the respective Anganwadi

area. Both the petitioner and respondent no.5 applied and

participated in the selection process along with some others for

selection of Anganwadi worker for Samnapara AWC. The

respondent no.5 stood first and petitioner stood second in the merit

list of the interview. Thereafter, respondent no.5 was engaged as

Angawadi worker in said Samnapara AWC.

[4] Challenging said selection, the petitioner filed WP(C)

No.633 of 2023 and vide order dated 18.10.2023, said writ petition

was disposed of with the following observations:

"[4] As such, let a fresh application in the form of an appeal be presented before the District Magistrate &

Collector, West Tripura, Agartala enclosing the copy of memo of the writ petition before the District Magistrate & Collector, West Tripura, Agartala who is the appellate authority within a period of 10(ten) days from today. The District Magistrate & Collector, West Tripura, Agartala is permitted to be impleaded as respondent No.5 in the array of respondents during course of the day by the learned counsel for the petitioner. The District Magistrate & Collector, West Tripura, Agartala would consider the appeal preferred by the petitioner and take a decision thereupon in accordance with law within a period of 4(four) weeks from the date of receipt of memo of appeal."

[5] In compliance with the direction of the Court, the

petitioner filed one appeal before the DM & Collector, West Tripura

who vide order dated 22.11.2023 held that engagement of

respondent no.5 in the said Anganwadi centre as Anganwadi worker

was found to be justified and the claim of the petitioner was turned

down. Being aggrieved by the said decision of the appellate

authority i.e. the DM & Collector, West Tripura, the present writ

petition has been filed.

[6] Mr. C.S. Sinha, learned counsel referring to the selection

list of Anganwadi workers (Annexure 2 of counter affidavit to the

writ petition) as was communicated by the CDPO to the Director,

Social Welfare & Social Education, Government of Tripura, submits

that as per the said selection list, the address of the petitioner is at

Samnapara itself whereas the address of respondent no.5 is shown

at Rabi Sadhu Para and therefore, it is apparent that the

respondent no.5 was resident of another village, but despite the

same, ignoring the guidelines, the engagement was given in her

favour. Mr. Sinha, learned counsel also submits that in said Rabi

Sadhu Para there is another Anganwadi centre located and

therefore, in no way respondent no.5 was eligible to be engaged at

Samnapara Anganwadi centre and hence her candidature was liable

to be rejected. According to learned counsel, violating the

guidelines, she has been illegally engaged as Anganwadi worker at

Samnapara AWC. Mr. Sinha, learned counsel also gives emphasis

that as per the guidelines, priority of appointment should be given

to the person who is the resident of same locality where the AWC is

located. Mr. Sinha, learned counsel also relies on a decision of

Gauhati High Court in the case of Smti Junu Prava Baishya

(Baruah) vs. The State of Assam and others [Writ Petition

allegation was raised that an outsider was appointed in the

concerned Anganwadi centre. In that case, the Gauhati High Court

directed the Director of Social Welfare Department to look into the

matter of verification of the residency of the person concerned who

was engaged as Anganwadi worker as the verification of such

address of residency was not possible by exchange of affidavits in a

writ petition.

[7] Mr. P. Gautam, learned senior G.A., however, strongly

opposes the submissions arguing that as per the guidelines issued

by Social Welfare & Social Education Department, Government of

Tripura, any person residing in the same village where the

Anganwadi centre is located can apply for engagement as

Anganwadi worker and in the case in hand, in the interview, the

respondent no.5 stood first and therefore, rightly she was engaged

as Anganwadi worker in the said centre based on her merit.

[8] This Court has considered rival submissions of the

parties and also has meticulously gone through the record.

[9] Before going to discuss the issue further, the relevant

portion of the guidelines as issued by the Social Welfare & Social

Education Department, Government of Tripura requires reference

first:

"2. Eligibility Criteria:

Only such female married/widow candidates are eligible to apply for the post of Anganwadi Worker/Anganwadi Helper who are:

a) Normal residents of the village (in case of Rural Area)/ ward (in case of Urban Area) where Anganwadi Centre is located and belongs to the feeder villages/wards of the Anganwadi area.

b) Freezing of the list of families being covered in the feeder area of the AWC will be ensured before stating the selection process and advertising of vacancies with due publicity. Only the residents of the areas as above will be entitled to apply. If the candidates are not available within the feeder area, applications can be invited from the desirous candidates residing within the area of the concerned Gram Panchayat/Ward.

c) For Anganwadi Worker minimum qualification shall be Matriculate and for Anganwadi Helper minimum qualification shall be Class-VIII passed.

d) Age between 18-45 years; 5 years relaxation for SC/ST/Divyangjan (Differently able) candidates.

6. Panel of Selected Candidates:

For every selected/engaged candidate, two candidates who are next in merit will be kept waiting. This waiting list will be valid for 6 months after the selection process is over."

[10] On conjoint reading of both the provisions it appears

that while selecting such Anganwadi worker in a particular

Anganwadi centre, it is the guideline of the State Government that

freezing of the list of families being covered in the feeder area of

the AWC will be ensured first before starting the selection process

and only the residents of the feeder areas (emphasis laid) as above

will be entitled to apply. However, some relaxation in the said

guideline is given to the effect that if the candidates are not

available within the feeder area, then only the applications can be

invited from the desirous candidates residing within the other areas

of the said Gram Panchayat. Therefore, it appears that before going

to decide the matter of selection on merit or on the basis of

performance in the selection process, the important criteria which

is required to be kept in mind that the person concerned should be

within the feeder area of the concerned Anganwadi centre and if no

candidate is found available within that feeder area, then only the

candidates of other areas of the same Gram Panchayat can be

taken into consideration.

[11] Here, from the said merit list under Annexure-2 of the

counter affidavit, it appears that both the petitioner and respondent

no.5 hail from common Gram Panchayat i.e. West Jarulbachai but

there is no document placed before this Court as to whether both of

them resides within the feeder area of Samnapara Anganwadi

centre or not. When the appeal filed by the petitioner has been

decided by the DM & Collector, nothing is discussed by said

authority in that line. The simple observation as given by the DM &

Collector, West Tripura is that according to the panel of interview

board-cum-selection committee, Smt. Rita Debbarma's

appointment as Anganwadi worker was found to be justified and

therefore, claim of the petitioner was found to be unjustified.

Though the DM & Collector, West Tripura mentioned the said

guidelines in the impugned order, but did not examine asto

whether the engagement of respondent no.5 was made following

said guideline in it's true sense.

[12] It was also observed by the DM & Collector that both

the parties were not inhabitant of Samnapara where the Anganwadi

centre was located but they were residents of West Jarulbachai

ADC village. When such observation was made by said authority, it

was also incumbent upon the authority to examine further as to

whether they were residents of the feeder area of that Anganwadi

centre or not and then to come to the finding that appointment of

respondent no.5 was proper. Thus, it appears that the appellate

authority has failed to exercise it's jurisdiction in examining the

validity of the selection whether same was in terms of the said

guidelines or not. Situated thus, this Court finds that the order

issued by the DM & Collector on 22.11.2023 is required to be

interfered with.

[13] In view of above, the writ petition is allowed. The

impugned order dated 22.11.2023 passed by the DM & Collector,

West Tripura is set aside. The matter is remanded to the DM &

Collector, West Tripura again for fresh decision in the matter of

eligibility of the disputing parties for selection as an Anganwadi

worker strictly following the guidelines issued by the State. The DM

& Collector, West Tripura will dispose of the appeal within 15 days

from receipt of copy of this order.