IN THE GAUHATI HIGH COURT

Transcription

1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (1) WP(C) 843/ Smti. Punyada Deori, W/o. Late ajoy Deori, Village- Dhunaguri Deorigaon, P.O.- Dhunaguri, District- Dhemaji, Assam, Pin Smti. Chitra Lekha Sonowal, W/o. Hemchandra Miri, Village No.1 Murkong Selek, P.O. Jonai, District- Dhemaji, Assam, Pin Smti. Rahita Bori, W/o. Krishna Kanta Doley, Village & P.O. Laimekuri, District- Dhemaji, Assam, Pin Smti. Jyostna Doley, W/o. Sri Bhaben Pegu, Village- Silapipolguri, P.O. Akajun, District- Dhemaji, Assam, Pin The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Chairman, Selection Committee, on the office of the Director of Social Welfare Department, Assam, Uzanbazar, Guwahati The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-01. Advocate for the petitioners : Mr. H.R. Khan, Mr. N. Islam, Ms. L. Das and Ms. K. Bora, Advocates. (2) WP(C) 848/ Miss Beauty Gogoi, Daughter of Late Raman Ch. Gogoi, Resident of Village & P.O.- Dimoruguri, Page 1 of 37

2 P.S.- Sadar, District- Nagaon, Assam, Pin Smt. Purnima Devi, Wife of Sri Mohan Chandra Nath, Resident of Village- Jukurabahi, P.O.- Chakalaghat, District- Nagaon, Assam, Pin Miss Geeta Gitamoni Bhagawati, Daughter of Late Jatindra Nath Bhagawati, Resident of Village- Pukhuripar, P.O.- Bebejia, P.S.- Sadar, District- Nagaon, Assam, Pin Mrs. Mofida Begum, Daughter of Late Lal Mahmod, Resident of Village- Fakoli, P.O.- Deghali, P.S.- Rupahihat, District- Nagaon, Assam, Pin Mrs. Nazma Begum, Wife of Guasuddin Ahmed, Resident of Village & P.O.- Kathpara, District- Nagaon, Assam, Pin The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare, Assam, Paki Ghat, Uzanbazar, Guwahati, Pin The District Social Welfare Officer, Amolapatty, Nagaon, Pin The Child Development Project Officer, Khagarijan ICDS Project, Lakhinagar Haiborgaon, Nagaon, Pin The Child Development Project Officer, Lawkhowa ICDS Project, Singimari, Nagaon, Pin The Union of India, Represented by the Secretary to the Government of India, Ministry of Women and Child Development, Shastri Bhawan, New Delhi Smt. Girija Dutta, Page 2 of 37

3 C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin [Roll No.AWW ]. 9. Smt. Charu Sarmah, C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin [Roll No.AWW ]. 10. Ms. Rejia Begum, C/o. Office of the C.D.P.O. Khagarijan ICDS Project, Lakhinagar, Haiborgaon, Nagaon, Pin [Roll No.AWW ] 11. Miss. Ujjala Dey, C/o. Office of the C.D.P.O. Lawkhowa ICDS Project, Singimari, Nagaon, Pin [Roll No.AWW ] Advocate for the petitioners : Mr. J. Deka, Advocate. Ms. H. Terangpi, C.G.C., Mr. A. Sarma and Ms. H. Begum, Advocates. (3) WP(C) 864/ Mrs. Jonti Junti Saikia, Anganwadi Worker of No.122, Moudanga Krishi-pam Nigam AWC under Jugijan ICDS Projects, Village- Moudanga Krishipam Nigam, P.O. Ambari, District- Nagaon, Assam. 2. Mrs. Mani Borkakoti, Anganwadi Worker No.7, Natun Block AWC Under Lanka ICDS Projects, Village-No.1 Kaki, District- Nagaon, Assam. 1. The Union of India, Represented by the Secretary to the Government of India, Ministry of Human Resource Development of Women and Child Development (CD Section), Shastri Bhavan, New Delhi The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati Page 3 of 37

4 3. The Director, Department of Social Welfare, Assam, Uzan Bazar, Guwahati The Child Development Officer, The Jugijan ICDS Projects, Hojai, P.O. Hojai, District- Nagaon, Assam. 5. The Child Development Officer, The Lanka ICDS Project, P.O. Lanka, District- Nagaon, Assam, Pin Advocate for the petitioners : Mr. M. Dutta and Mr. M. Islam, Advocates. Mr. M. Phukan, C.G.C. (4) WP(C) 960/ Smti. Prativa Pathak, D/o. Krishna Kanta Pathak, Village & P.O. Matia, District- Goalpara, Assam. 2. Smti. Joymoti Devi, D/o. Tirtha Lochan Nath, Village- Bamunpara, Jogipara, District- Goalpara, Assam. 3. Smti. Doli Nath, D/o. Shitendra Chandra Nath, R/o. Domoni, P.S. Goalpara, District- Goalpara, Assam. 4. Anowara Rahman, D/o. Majibar Rahman, Vill. Naldoba, P.O. Mornoi, District- Goalpara, Assam. 1. The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare, Assam, Bal Bhawan, Uzanbazar, Guwahati The District Social Welfare Officer, Goalpara, District- Goalpara, Assam. 4. The Child Development Project Officer, Matia ICDS Project, Matia, P.O. Matia, District- Goalpara, Assam. Page 4 of 37

5 5. The State Level Selection Committee, Represented by the Chairman, office of the Director of Social Welfare, Assam, Bal Bhawan, Uzanbazar, Guwahati-1. Advocate for the petitioners : Mr. P.K.R. Choudhury, Mr. N.G. Kundu, Mr. G. Deka, Mr. R. Deka and Mr.R.R.Choudhury, Advocates. (5) WP(C) 1043/2016 Smti. Monjula Rabidas, D/o. Late Motillal Rabidas, Village- Meherpur, P.O. Meherpur, District- Cachar, Assam, Pin Petitioner 1. The State of Assam, represented by the Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare, Assam, Uzanbazar, Guwahati The Child Development Project Officer, Silchar ICDS Project (R), Cachar, Assam Advocate for the petitioner : Mr. S. Hoque and Mr. M. Deka, Advocates. (6) WP(C) 1292/ Mrs. Himani Bhuyan Devi, W/o. Sri Tarun Kr. Nath, Resident of Vill. Bamgaon, P.O. Besseria, District- Sonitpur, Assam, Pin Mrs. Rewati Das, Page 5 of 37

6 W/o. Sri Kamal Das, Resident of Lachit Nagar, Ward No.19, Chandmari, P.O. Tezpur, District- Sonitpur, Assam, Pin Smti Anupama Kalita, W/o. Deden Ch. Bania, Resident of Da Parbatia, P.O. Bejar Chuburi, District- Sonitpur, Assam, Pin Smti. Tun Tun Borah, D/o. Keshab Borah, Resident of Ketekibari, P.O. Ketekibari, Dist. Sonitpur, Assam, Pin Smti. Lina Prova Bania, D/o. Suren Ch. Bania, Resident of Da Parbatia, P.O. Da Parbatia, Dist. Sonitpur, Assam, Pin Smti. Suchitra Devi, W/o. Kanak Ch. Nath, Resident of Gerua, P.O. Bapubheti, Dist. Sonitpur, Assam, Pin The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare, Assam, Pakhighat, Uzanbazar, Guwahati The District Social Welfare Officer, Sonitpur, Tezpur, Assam, Pin The Child Development Project Officer, Gabharu ICDS Project, Gabharu, Mazgaon, District- Sonitpur, Assam, Pin The Child Development Project Officer, Tezpur Nagar ICDS Project, Sonitpur, Assam, Pin Smti. Deepa Devi, Resident of Khakan Basti, P.O. Ranga Chakua, District- Sonitpur, Assam, Pin Smti. Manika Devi, Resident of Dhekiajuli, District- Sonitpur, Assam, Pin Page 6 of 37

7 Advocate for the petitioners : Mr. A. Jahid and Mr. M. Hussain, Advocates. (7) WP(C) 1443/2016 Smt. Rita Dolai Pator, W/o. Sri Rosen Pator, Vill.- No.2 Tangia Kaki, P.O. Kaki Chalchali, Dist.- Nagaon, Assam. Petitioner 1. The State of Assam, to be represented by the Commissioner & Secretary, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati The Chief Secretary to the Govt. of Assam, Dispur, Guwahati-6. Advocate for the petitioner : Mr. A. Mannaf and Ms. F. Begum, Advocates. (8) WP(C) 1382/2016 Smt. Rejia Begum, D/o. Rois Ali, Village- Chengjur, P.O. Patharkandi, District- Karimganj, Assam, Pin Petitioner 1. The State of Assam, represented by Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati, Assam, Pin The Deputy Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati, Assam, Pin The Director of Social Welfare, Assam, Uzanbazar, P.O. Panbazar, Guwahati, District- Kamrup (Metro), Assam, Pin Page 7 of 37

8 4. The Programme Officer- II, Directorate of Social Welfare, Assam, Uzan Bazar, Guwahati The District Social Welfare Officer, Karimganj District, P.O. Karimganj, Assam, Pin The Child Development Project Officer, Patharkandi Integrated Child Development Project, Patharkandi, P.O. Patharkandi, District- Karimganj, Assam, Pin Advocate for the petitioner : Mr. M.A. Sheikh, Mr. K.U. Ahmed, Mr. M. Hossain, Ms. F. Intaz and Mr. I. Hussain, Advocates. (9) WP(C) 1947/2016 Ms. Rupa Choubey, D/o- Bednath Choubey, Village- Narayanpur, P.O.- Kalachandpur, District- Cachar, Assam. Petitioner 1. The Commissioner and Secretary, Department of Social Welfare, Government of Assam, Dispur, Guwahati The Director, Social Welfare Department, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, Government of Assam, District- Cachar, Assam. 4. The Child Development Project Officer, Rajabazar ICDS Project, District- Cachar, Assam. Advocate for the petitioner : Mr. M.R. Adhikary, Mr. A.R. Tahbildar and Ms. N. Daimari, Advocates. Page 8 of 37

9 (10) WP(C) 1388/2016 Anuara Begum, W/o- Joynal Abdin, Village and P.O.- Bechamari, District- Nagaon, Assam. Petitioner 1. The State of Assam [to be by the Commissioner & Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare & Probation, Assam, Bal-Bhawan, Uzanbazar, Guwahati The District Social Welfare Officer, Morigaon, P.O. and District- Morigaon, Assam. 4. The Child Development Project Officer, Moirabari ICDS Project, P.O.- Moirabari, District- Morigaon, Assam. 5. Smti. Kenija Fatima Sarkar, Roll No. AWW Smti Rejia Sultana, Roll No. AWW Smti Dipali Kalita Bora, Roll No. AWW Smti Elija Begum, Roll No Advocate for the petitioner : Dr. B. Ahmed, Mr. H.I. Choudhury Md. Giash Uddin and Ms. M. Buragohain, Advocates. (11) WP(C) 1440/ Smti Padmawati Borah alias Smti Podmawati Borah, W/o- Sri Kumud Gohain, Village- Khaloiati, P.O.- Missa, P.S.- Uluwani, District- Nagaon, Assam. 2. Smti Renu Gogoi, Village- Najan, P.O.- Kuthuri, P.S.- Jakhalabandha, District- Nagaon, Page 9 of 37

10 Assam. 3. Smti Sunti Swargiary, W/o- Sri Baloram Tamang, Village-Missamukh, Halowagaon, P.O.- Missa, P.S.- Uluwani, District- Nagaon, Assam. 1. The State of Assam Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Secretary, Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare, Assam, Paki Ghat, Uzanbazar, Guwahati The District Social Welfare Officer, Amolapatty, Nagaon. 5. The Child Development Project Officer, Kaliabor ICDS Project, Hatigaon, Kaliabor, Nagaon. 6. The Child Development Project Officer, Pachim Kaliabor ICDS Project, Missa, Nagaon. 7. Smt. Rupa Saikia, Baghmari Anganwadi Centre, Village- Baghmari, P.O.- Kuthuri, P.S.- Jakhalabandha, Nagaon. 8. Smti Jayanti Das, No. 4 Borghuli Centre, Village-Dholapani, P.O.- Borghuli, P.S.- Uluwani, Nagaon. 9. Smti. Bijoy Lakhi Doloi, Rupahi ICDS Project, Rupahi, Nagaon. Advocate for the petitioners : Mr. J. Deka, Advocate. (12) WP(C) 1836/ Smti Dipanjali Saikia, W/o-Amarendra Chandra Nath, Village- Nayapara Alangmari, Page 10 of 37

11 P.O.- Lakhigonj, District- Dhubri, Assam. 2. Smti Fokrun Nahar, W/o- Ashrob Ali, Village- Balatari, P.O.- Jamadarhat, District- Dhubri, Assam. 1. The State of Assam, Represented by the Commissioner and Secretary to Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare Department, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, District- Dhubri, Assam. Advocate for the petitioners : Mr. I.H. Laskar, Mr. P.K. Deka, Mr. S. Alam, Mr. M.S. Alam, Mr. J.H. Laskar, Mr. P. Bora and Ms. A. Begum, Advocates. (13) WP(C) 992/ Smti Suprabha Nath, W/o- Sri Dharma Narayan Nath, Village- Karipara (Tilapara), P.O.- Chakla, P.S.- Matia, District- Goalpara, Assam. 2. Smti Halima Ahmed, D/o- Moniruddin Ahmed, Village-Bahati Bihatipara, P.O.- Bahati, P.S.- Matia, District- Goalpara, Assam. 3. Miss Shar Bhanu, W/o- Siddique Hussain, Village- Helapakhri, P.O.- Baladmari Char, P.S.- Mamori, District- Goalpara, Assam. Page 11 of 37

12 4. Smti Hajira Begum Sultana, D/o- Md. Kabiruddin Sheikh, Village- Nayanpara (Dighpara), P.O.- Bahati, P.S.- Matia, District- Goalpara, Assam. 5. Smti Tulika Kalita Das, W/o- Hemananda Das, Village- Garua, P.O.- Simlitula, District- Goalpara, Assam. 6. Mrs. Hemamalini Sutradhar, W/o- Madhab Ch. Rabha, Village Santinagar, P.O.- Baladmari, Ward No. 16, District- Goalpara, Assam. 1. The State of Assam Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, Goalpara, District- Goalpara, Assam. 4. The Child Development Project Officer, Goalpara, District- Goalpara, Assam. 5. Fatema Begum, Angangwadi Worker, Under Matia ICDS Project, District-Goalpara, Assam. 6. Ranju Saud, Angangwadi Worker, Under Matia ICDS Project, District-Goalpara, Assam. Advocate for the petitioners : Ms. K. Devi, Mr. R. Baruah and Ms. K. Das, Advocates. Mr. J. Ahmed, Mr. S. Islam, Mr. A. Hoque and Ms. S. Kalita, Advocates. (14) WP(C) 845/ Asha Rani Das, D/o. Shasindra Das, Page 12 of 37

13 R/o-Village- Banpara, P.O.- Banpara, Dist-Barpeta, (Assam). 2. Jutika Kalita Das, W/o. Pranjit Das, R/o-Village- Ketkuchi P.O.- Ketkuchi, Dist-Barpeta, Assam, Pin Smti. Sarazu Begum, W/o. Julfikar Ojha, R/O-Vill-Dargahpur & P.O. Bhella, P.S.- Barpeta, District- Barpeta, Assam, Pin Smti. Mofida Ahmed, W/o. Abdul Nayan Ali, R/O-Village- Koyakuchi Pather, P.O. Koyakuchi, P.S.-Koyakuchi, District- Barpeta, Assam, Pin Smti. Bhanita Kumari Das, W/o. Arabinda Prasad Das, R/O-Vill-Bartala No.-4, P.O.-Bartala, P.S.- Mukalmua, District- Nalbari, Assam. 6. Smti. Manowara Begum, D/o. Ahmed Hussain, R/O-Vill-Barkhetri & P.O. Mukalmua, P.S.- Mukalmua, District- Nalbari, Assam. 7. Smti. Tahmina Khatun, W/o. Taibuddin Ahmed, R/O-Vill-Sailmari & P.O. Bhangnamari, P.S.- Mukalmua, District- Nalbari, Assam. 1. The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati- 6, Assam. 2. The Deputy Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati-06, Assam. 3. The Director of Social Welfare Department, Assam, Uzanbazar, Guwahati-01, Assam. 4. The Programme Officer, Divisional ICDS Cell, Kamrup, Beltola, Guwahati-28. Assam. 5. The District Social Welfare Officer, Barpeta, Dist-Barpeta, Assam. 6. The District Social Welfare Officer, Page 13 of 37

14 Dist-Nalbari, Assam. Advocate for the petitioners : Mr. N. Baruah, Mr. I. Ahmed and Mr. M. Rahman, Advocates. (15) WP(C) 1075/ Miss Jasmin Sultana Khan, Daughter of Late Anowar Ali Khan, Village : Tulagram Pt-I, P.O.- Sonaimukh, P.S.- Sonai, District- Cachar, Assam, Pin Smt. Rajkumari Pathak, Wife of Sri B.P. Pathak, Village- Dorgakuna, P.O.- Assam University, District- Cachar, Assam, Pin Miss Nirola Singha, Daughter of Late Iboton Singha Resident of Village & P.O.:- Baskandi, P.S.- Lakhipur, District- Cachar, Assam, Pin The State of Assam, [to be by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare & Probation, Assam, Bal-Bhawan, Uzanbazar, Guwahati The District Social Welfare Officer, Cachar, Silchar, P.O.: Silchar, District: Cachar, Assam, Pin The Child Development Project Officer, Sonai ICDS Project PO.:- Sonaimukh, District: Cachar, Assam, Pin The Child Development Project Officer, Borjalenga ICDS Project, Dwarbond, P.O:-Dwarbond, District:- Cachar, Assam, Pin Code No.: The Child Development Project Officer, Lakhipur ICDS Project, Lakhipur, P.O.:-Fulertol, District:- Cachar, Assam, Page 14 of 37

15 Pin Code No.: Smt. Aloka Singha, C/o. The Child Development Project Officer, Sonai ICDS Project P.O:- Sonaimukh, District:- Cachar, Assam, Pin Code No: Smti. Leelamoyee Chakma Aimol Roll no. AWW , C/o. The Child Development Project Officer, Borjalenga ICDS Project, Dwarbond P.O:- Dwarbond, District:- Cachar, Assam, Pin Code No: Smti. Momona Rongmai, Roll No. AWW Smti. Aluna Rongmai Roll No. AWW Smti. Rasemery Hmar Roll No. AWW C/O The Child Development Project Officer, Lakhipur ICDS Project, Lakhipur P.O:- Fulertol, District:- Cachar, Assam, Pin Code No.: Advocate for the petitioners : Dr. B. Ahmed, Mr. N. Haque, Mr. H.I. Choudhury, Mr. G. Uddin and Ms. M. Buragohain, Advocates. (16) WP(C) 1088/ Mrs. Ranju Borah, Wife of Sri Gunaram Borah, Resident of Bapubheti, P.O. Bapubheti, District: Sonitpur, Assam, Pin Mrs. Dipali Das Saikia, W/o. Late Munin Saikia, Resident of Tupia, P.O. Tupia, District- Sonitpur, Assam, Pin The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Page 15 of 37

16 Social Welfare Department, Dispur, Guwahati The Director, Social Welfare, Assam, Pakighat, Uzanbazar, Guwahati The District Social Welfare Officer, Sonitpur, Tezpur, Assam, Pin The Child Development Project Officer, Naduar ICDS Project, Jamgurihat, District: Sonitpur, Assam, Pin The Child Development Project Officer, Gabharu ICDS Project, Gabharu, Mazgaon, District: Sonitpur, Assam, Pin Smti. Flueswari Borah, Resident of Barika Chuhburi, Tezpur, District: Sonitpur, Assam, Pin Smt. Manika Devi, Resident of Dhekiajuli, District: Sonitpur, Assam, Pin Smti. Dipanjali Baruah, Resident of Dhekiajuli, District: Sonitpur, Assam, Pin Smti. Oku Bhagawati, Resident of Kewarichuk, Jamguri, District: Sonitpur, Assam, Pin Advocate for the petitioners : Mr. A. Jahid and Ms. P. Khound, Advocates. (17) WP(C) 2197/ Smti. Sumitra Haloi, W/o. Sri Nagen Haloi, Vill. Barsarkuchi, P.O. Milanpur, Dist. Nalbari, Assam, Pin Mustt. Ambia Begum, W/o. Md. Mahsen Ali, Vill. Khakhundi, P.O. Khukhundi, Dist. Nalbari, Assam, Pin The State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati-6. Page 16 of 37

17 2. The Chairman, Selection Committee in the Office of the Director of Social Welfare, Assam, Panbazar, Guwahati The Director of Social Welfare, Assam, Bal Bhawan, Ujanbazar, Guwahati Advocate for the petitioners : Mr. H.R. Khan, Mr. N. Islam, Ms. L. Das and Ms. K. Bora, Advocates. (18) WP(C) 1988/ Shri Barada Talukdar, C/o. Lt. Kabi Ch. Talukdar, Vill. Paschim Hamapara, P.O.- Adabari, P.S. Mukalmua, Dist. Nalbari, Pin Shri Sumitra Kalita, C/o. Khagen Deka, Vill. Adabari, P.O. Adabari, P.S. Mukalmua, Dist. Nalbari, Pin The State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare Department, Uzanbazar, Guwahati The Divisional Program Officer, Nalbari. 4. The Child Development Project Officer, Bar-Khetri, ICDS Project, Dist- Nalbari, Assam. Advocate for the petitioners : Ms. R. Devi, Mr. A.R. Tahbildar and Ms. S.J. Deka, Advocates. Page 17 of 37

18 (19) WP(C) 2242/ Sabitri Sarkar Majumdar, W/o. Nimai Majumdar, R/o. Lanka Town, Ward No.6, Lumding Road P.O. & P.S. Lanka, Pin Code , District- Nagaon, Assam. 2. Fatharun Nessa, W/o. Aftab Uddin, R/o. Pashcim Udali, Kacharigaon, P.O. Udali Bazar, P.S. Lanka, Pin Code , District- Nagaon, Assam. 1. The State of Assam, through- the Secretary to the Govt. of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare Department, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, Nagaon, P.O. Nagaon, District: Nagaon, Assam. 4. The Child Development Project Officer, Lanka Integrated Child Development Scheme (ICDS) Project, Lanka, District- Nagaon, Assam. Advocate for the petitioners : Mr. S.C. Biswas, Mr. S. Roy, Ms. K.L.R. Yanthan, Ms. A. Das, Ms. L. Hazarika, Mr. S. Biswas, Mr. I. Hussain and Ms. J. Borah, Advocates. (20) WP(C) 2440/ Sri Bhanti Barman, D/o. Late Nabin Ch. Barman, Page 18 of 37

19 Vill- Puran Bhawanipur, P.O. Puran Bhawanipur, Dist- Barpeta. 2. Sri Nirmali Kalita Deka, W/o. Sri Kushal Deka, Vill- Beskuchi, P.O. Patharkuchi, Dist- Barpeta. 3. Sri Satyaki Choudhury, W/o. Sri Amarendra Kalita, Vill. Bhoukamari, Dist. Barpeta. 4. Sri Binapani Barman, W/o. Sri Pradip Kalita, Vill- Barbang, P.O. Barbang, Dist- Barpeta. 5. Sri Manju Halai Malakar, W/o. Sri Satish Malakar, Vill- Dubi Malipara, P.O. Dubi, Dist- Barpeta. 6. Sri Sarju Roy, W/o. Late Hriday Deka, Vill- Magaria, P.O. Magaria, Dist- Barepta. 7. Sri Hemalata Thakuria, W/o. Sri Pabitra Talukdar, Vill. Bhatauter Mahitara, P.O. Bhatanta Mahitara, Dist- Barepta. 8. Mrs. Monowara Begum, W/o. Intaz Ali Khandakar, Vill- Barbari, P.O. Sarupeta. 9. Miss Ujjala Das, D/o. Rameswar Das, Vill- Bharegaon, P.O.- Sarupeta, Dist- Barpeta. 10. Sri Girija Choudhury, W/o. Shri Bhupen Khataniar, Vill- Nityananda, P.O. Nityananda, Dist- Barpeta. 11. Sri Dipika Choudhury, D/o. Late Lakshmi Kanta Choudhury, Vill. Gobindapur, P.O.- Gobindapur, Dist- Barpeta. 12. Sri Manju Choudhury, W/o. Sarbeswar Choudhury, C/o. Project Director, Bajali ICDS Project, Pathsala, Dist. Barpeta. 13. Sri Daibaki Thakuria, W/o. Sri Bhabananda Lahakar, Vill- Bhatanta Mahitara, P.O. Bhatanta Mahitara, Dist- Barpeta. 14. Sri Dipali Thakuria, Page 19 of 37

20 W/o. Dalim Thakuria, C/o. Project Director, Bajali ICDS Project, Pathsala, Dist- Barpeta. 15. Miss Gulban Nessa, W/o. Md. Akshed Ali, Vill- Khora, P.O. Sarupeta, Dist- Barpeta. 16. Sri Annada Roy, W/o. Shri Jaleswar Das, Vill- Barbhag, P.O.- Gobindapara, Dist- Barpeta. 17. Sri Biva Medhi, W/o. Shri Ajay Das, Vill- Baregaon, P.O. Sarupeta, Dist- Barpeta. 18. Sri Pravabati Choudhury, W/o. Shri Akshay Kr. Talukdar, Vill. Bhatanta Mahitara, P.O. Bhatanta Mahitara, Dist- Barpeta. 19. Sri Ami Thakuria, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O.- Pathsala, Dist- Barpeta. 20. Sri Bharati Devi, W/o. Shri Achyrit Das, Vill- Bhaluki, P.O. Bhaluki, Dist- Barpeta. 21. Sri Bhabani Medhi, W/o. Late Ranjit Kr. Medhi, Vill. Barbhaluki, P.O. Bhaluki, Dist- Barpeta. 22. Sri Jamuna Kalita, W/o. Shri Rabendra Nath Saikia, Vill. Barbhaluki, P.O. Bhaluki, Dist- Barpeta. 23. Sri Reena Choudhury, D/o. Late Manu Choudhury, Vill- Choudhuri para, P.O. Barbang, Dist- Barpeta. 24. Sri Pranita Devi, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O. Pathsala, Dist- Barpeta. 25. Sri Jaya Patgiri, W/o. Chiben Patgiri, Vill- Medhikuchi, P.O. Hathinapur, Dist- Barpeta. 26. Sri Leela Kalita, W/o. Chanakya Patgiri, C/o. Project Director, Bajali ICDS Project, Pathsala, P.O. Pathsala, Dist- Barpeta. 27. Sri Puluma Kalita, W/o. Gandhi Kalita, Vill- Sarupeta, P.O. Sarupeta, Dist- Barpeta. 28. Sri Basanti Medhi, Page 20 of 37

21 W/o. shri Ranjan Kalita, Vill- Santipur, P.O. Sarupeta, Dist- Barpeta. 29. Sri Dipika Roy Das, W/o. Shri Kalpo Das, Vill- Rahadhar Bisakala, P.O. Raypur, Dist- Barpeta. 30. Sri Rita Roy, D/o. Utshab Roy, Vill- Bamunkuchi, P.O.- Bamunkuchi, Dist- Barpeta. 31. Sri Sarala Shil, W/o. Shri Arun Ch. Medhi, Vill- Barnalikuchi, P.O. Patacharkuchi, Dist- Barpeta. 32. Sri Phuleswari Das, W/o. Shri Prabhat Roy, Vill- Nijsariha, P.O. Bamunkuchi, Dist- Barpeta. 33. Sri Sabita Roy, W/o. Krishna Dutta, C/o. Project Director, Bajali ICDS Project, Pathsala. 1. The State of Assam Represented by the Commissioner and Secretary To the Govt. of Assam, Social Welfare Department, Assam Sachivalaya, Dispur, Ghy The Director, Social Welfare Department, Assam, Guwahati The Programme Officer, Divisional ICDS Cell, Kamrup, Silpukhuri, Ghy The Deputy Commissioner, Barpeta. 5. The District Social Welfare Officer, Barpeta. 6. The Project Officer, Bajali ICDS Project, Pathsala. Advocate for the petitioners : Mr. U.C. Rabha, Mr. M.M. Deka and Mr. S.M. Sarma, Advocates. (21) WP(C) 2472/ Miss Parul Mali, D/o. Late Bishnu Ram Mali, Village and P.O. Satakhali, District- Kamrup, Assam. Page 21 of 37

22 2. Miss Kalpana Talukdar, D/o. Late Girish Talukdar, Village No.2, Zikur, P.O. Ziakur, District- Kamrup, Assam. 3. Miss Ranju Choudhury, D/o. Late Nripen Choudhury, Village No.2, Ziakur, P.O. No.2, Zikaur, District- Kamrup, Assam. 4. Mrs. Gitanjali Deka, W/o. Sri Anil Chandra Deka, Village- Guiya, P.O. Soneswar, District- Kamrup (Rural), Assam. 5. Mrs. Bilkis Begum, W/o. Md. Hafiz Uddin, Village- Betoni, P.O. Baralimari, District- Morigaon, Assam. 1. The Union of India, represented by the Secretary to the Government of India, Ministry of Human Resource Development Department of Women and Child Development (CD Section), Shastri Bhavan, New Delhi The State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Department of Social Welfare, Assam, Uzanbazar, Guwahati The Child Development Officer, Rampur ICDS Projects, P.O. Bhagowatipara, (Rampur), District- Kamrup (R), Assam, Pin The Child Development Officer, The Rampur ICDS Projects, P.O. Bhagobatipara, (Rampur), District- Kamrup (R), Assam, Pin The Child Development Officer, The Rampur ICDS Projects, P.O. Bhagobatipara, (Rampur), District- Kamrup (R), Assam, Pin The Child Development Officer, The Kamalpur Rangia ICDS Projects, Rangia, P.O. Rangia, District-Kamrup(R), Page 22 of 37

23 Assam, Pin The Child Development Officer, The Lahorighat ICDS Projects, P.O. Lahorighat, District- Morigaon, Assam, Pin Smti. Mira Das, Anganwadi Worker, No.1, Laddin Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup(Rural), Assam. 10. Smti. Bijuli Kalita, Anganwadi Worker, No.3, Puran Katahi Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup (Rural), Assam. 11. Smti. Rina Das, Anganwadi Worker, Bhekehabari Majpara Anganwadi Centre under Chhayagaon ICDS Project, P.O. Chhayagaon, District- Kamrup(Rural), Assam. Advocate for the petitioners : Mr. M. Islam and Mr. M. Dutta, Advocates. Mr. D.K. Saikia, C.G.C. (22) WP(C) 2477/ Jahanara Begum, Anganwadi Worker, No.43, Saidaria 1, Anganwadi Centre, Laokhaowa ICDS Project, W/o. Basiruddin, Vill + P.O.-Saidaria, P.S.- Rupohihat, Dist.- Nagaon, Assam, Pin: Hasina Mumtaz, Anganwadi Worker, Roumari Anganwadi Centre, Lawkhowa ICDS Project, W/o. Abdul Quddus, Vill.- Rupahi Rowmari, P.O. Rowmari, P.S. Rupahihat, Dist. Nagaon, Assam, Pin Rekha Rani Sarkar, Anganwadi Worker, Mahabor Ali Anganwadi Centre, Lawkhowa ICDS Project, D/o. Sri Manmohan Sarkar, Vill.-Mahaborali, P.O. Dakhin Belguri, P.S. Rupahihat, Pin , Dist.- Nagaon, Assam. Page 23 of 37

24 1. The State of Assam, represented by the Secretary to the Govt. of Assam, Deptt. of Social Welfare, Dispur, Ghy The Director, Social Welfare, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, Nagaon. 4. The Child Development Project Officer, Lawkhowa ICDS Project, Nagaon, Assam. Advocate for the petitioners : Md. M.H. Choudhury, Ms. L.N. Choudhury, Ms. M. Deori and Ms. S. Khan, Advocates. (23) WP(C) 2293/ Smti. Sharifa Begum, W/o. Md. Alizinnah Choudhury, P.O. Goalpara, Vill. Milan Nagar, Santipur, P.S. Goalpara, Dist. Goalpara (Assam) Pin Smti. Foyjan Nessa, W/o. Md. Abdus Salam, P.O. Tukura, Vill. Hadigaon Mudim Para, P.S. Agia, Dist. Goalpara, (Assam), Pin The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Deptt. Dispur, Ghy The Director, Social Welfare, Assam, Uzanbazar, Guwahati The District Social Welfare Officer, Goalpara, District- Goalpara, Assam, Pin The Child Development Project Officer, Krishnai Balijana ICDS Project, Agia, Goalpara, Assam. Pin Advocate for the petitioners : Mr. D.M. Thakuria, Page 24 of 37

25 Mr. N. Ojah and Mr. G.C. Sharma and Advocates. (24) WP(C) 2775/2016 Mrs. Nazrin Sultana Choudhury, D/o- Late Nurul Hoque Choudhury, Village- Sharif Nagar, P.O.- Karnamadhu, District- Karimganj, Assam. Petitioner 1. The State of Assam To be represented by the Commissioner & Secretary to the Government of Assam, Department of Social Welfare, Dispur, Guwahati The Director of Social Welfare Department, Uzanbazar, Guwahati-1, Assam. 3. The District Social Welfare Officer, Karimganj, P.O. & District- Karimganj, Assam. Advocate for the petitioner : Mr. I.A. Talukdar, Ms. P. Barman and Ms. P. Mazumdar, Advocates. (25) WP(C) 2816/2016 Ms. Malabika Das, D/o-Sri Amiya Kumar Das, Village-Naya Gram, P.O.- Nilambazar, District- Karimgnaj, Assam. Petitioner 1. The State of Assam to be represented by the Commissioner & Secretary to the Government of Assam, Department of Social Welfare, Dispur, Guwahati The Director of Social Welfare Department, Uzanbazar, Guwahati-1, Assam. Page 25 of 37

26 3. The District Social Welfare Officer, Karimganj, P.O. & District- Karimganj, Assam. Advocate for the petitioner : Mr. I.A. Talukdar, Ms. P. Barman and Ms. P. Mazumdar, Advocates. (26) WP(C) 1455/2016 Rahena Begum, D/o- Abdul Mazid Tapadar, Village- Kapilipar, P.O.- Kharikhana, P.S.- Lanka, District-Nogaon, Assam. Petitioner 1. The State of Assam To be represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director of Social Welfare & Probation, Assam, Bal-Bhawan, Uzanbazar, Guwahati-1, Assam. 3. The District Social Welfare Officer, Nagaon, P.O. & District- Nagaon, Assam. 4. The Child Development Project Officer, Lanka ICDS Project, P.O.- Lanka, District- Nagaon, Assam. 5. Smti Ira Das, Roll No. AWW Smti Ayeshab Choudhury Roll No. AWW Both are C/o- The Child Development Project Officer, Lanka ICDS Project, P.O.- Lanka, District- Nagaon, Assam. Advocate for the petitioner : Dr. B. Ahmed, Mr. G. Uddin, Mr. H.I. Choudhury and Ms. M. Buragohain, Advocates. Page 26 of 37

27 (27) WP(C) 3146/ Smti. Malati Kalita, D/o- Thanpati Kalita, Village- Lathapara, P.O.- Hatimara, P.S.- Sipajhar, Mangaldai, District- Darrang, Assam. 2. Smt. Bimala Saharia, D/o- Ratneswar Saharia, Village- Sarabari, Barampur, Pub Nagaon, District- Darrang, Assam. 3. Smt. Tarjima Begum, D/o- Md. Tayeb Ali, Resident of No. 2 Baruajhar, Jangalpara, District- Darrang, Assam. 4. Mess. Nasrin Sultana, D/o- Md. Hazrat Ali, R/o- Ahmedpur, Islamgaon, North Lakhimpur, District- Lakhimpur, Assam. 1. The State of Assam Represented by the Commissioner & Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Social Welfare Department, Assam, Uzanbazar, Guwahati The Child Development Project Officer, Khoirabari ICDS Project, Darrang, Assam. 4. The Child Development Project Officer, Dalgaon-Sialmari ICDS Project, Kharupetia, Darrang, Assam. 5. The Child Development Project Officer, Karunabari ICDS Project, Laluk, Lakhimpur. Advocate for the petitioner s : Mr. M. Kalita, Advocate. (28) WP(C) 3030/ Bhagyalata Baruah, W/o- Kanak Chandra Deka, Page 27 of 37

28 R/o- Gerimari (Prafulla Nagar), P.O.- Mangaldai, P.S.- Mangaldai. 2. Jeuti Deka, D/o- Late Jonaram Deka, R/o- Village- Ahaka, P.O.- Rajghat, P.S.- Mangaldai. 1. The State of Assam Represented by its Commissioner & Secretary to the Government of Assam, Social Welfare Department, Dispur, Guwahati The Director, Directorate of Social Welfare Department, Uzanbazar, Guwahati-1. Advocate for the petitioners : Mr. A. Choudhury, Mr. P.K. Das, Mr. N.J. Das, Mr. D. Deka and Mr. D. Bora, Advocates :: BEFORE :: THE HON BLE MR. JUSTICE MANOJIT BHUYAN Dates of Hearing : , and Date of Judgment : JUDGMENT AND ORDER (CAV) In this batch of writ petitions, two categories of petitioners have assailed the legality and validity of the selection process for appointment/promotion to the posts of Supervisors against 25% reserved quota, so initiated pursuant to Government Notification dated All the petitioners, who are in-service Anganwadi Workers, for the purpose of this judgment and order, comprises of (i) those who did not qualify in the written test (hereinafter alluded to as Category-A) Page 28 of 37

29 and (ii) those qualifying in the written test and appearing in viva-voce test but not making it to the Final Merit List (hereinafter alluded to as Category-B). To be precise, the petitioners falling in the first category are the writ petitioners in WP(C) 843/2016; WP(C) 848/2016; WP(C) 960/2016; WP(C) 1443/2016; WP(C) 1382/2016; WP(C) 1947/2016; WP(C) 992/2016; WP(C) 845/2016; WP(C) 2197/2016; WP(C) 1988/2016; WP(C) 2242/2016; WP(C) 2440/2016; WP(C) 2472/2016; WP(C) 2293/2016; WP(C) 2775/2016; WP(C) 2816/2016 and WP(C) 1455/2016. The petitioners falling in the second category are the writ petitioners in WP(C) 846/2016; WP(C) 1043/2016; WP(C) 1292/2016; WP(C) 1388/2016; WP(C) 1440/2016; WP(C) 1836/2016; WP(C) 1075/2016; WP(C) 1088/2016; WP(C) 2477/2016; WP(C) 3146/2016 and WP(C) 3030/ Facts to be noticed are that the Government of Assam in the Social Welfare Department issued Notification dated laying down the norms and guidelines for selection of candidates for appointment/promotion to the posts of Supervisors against 25% reserved quota from among the in-service Anganwadi Workers. As per the said Notification, selection is to be made on the basis of oral interview comprising of a total 100 marks and the distribution of marks was spelt out in the said Notification. The in-service Anganwadi Workers concerned were required to submit applications for appearing in the selection test before the respective Child Development Project Officer, who in turn was required to submit the same along with a consolidated list of candidates before the concerned District Social Welfare Officer, which eventually is to reach the Director of Social Welfare, Assam. Candidates were to be shortlisted by a process of scrutiny and be allowed to appear in the oral/viva-voce test. Consequent upon individual performance in interview to be held by the District Level Selection Committee, the Final Merit List was to be prepared by the duly constituted State Level Selection Committee on the basis of the records of the individual marks-sheets of the members of the District Level Selection Committee and the Comparative Statement to be sent by the District Social Welfare Officer concerned. The Final Merit List was to be prepared strictly in order of merit by ensuring due representation from reserved categories. The said Final Merit List is then to be published by the Director of Social Welfare, Assam. The said Notification dated , also lays down Page 29 of 37

30 that the rules and procedure of the State/Central Government that conform to the requirements but not incorporated in the said Notification, shall also be followed. Apparently, all the writ petitioners submitted applications as per procedure. On , a meeting was held amongst the Director of Social Welfare, Assam and officers of the Establishment Branch where a decision was taken for constitution of a District Level Committee for conducting written examination for appointment to the post of Supervisors against the 25% reserved quota. The members constituting the District Level Committee for conducting written examination was also decided upon. The Minutes of the meeting dated was brought to the knowledge of the Commissioner and Secretary to the Government of Assam, Social Welfare Department vide letter dated for due consideration and necessary action. In reply, the Government in the Social Welfare Department agreed to the proposal of the Directorate for consideration of District Level Committee for conducting written examination as per guidelines and laid down procedure. The approval of the Social Welfare Department was communicated vide letter dated In early January, 2016, the petitioners were issued with Admit Cards for appearing in the written examination, which was held District-wise on As against 284 posts of Supervisors constituting 25% reserved quota, over (twelve thousand) inservice Anganwadi Workers appeared in the written-examination. On , the list of 1144 candidates securing the cut-off marks and above and qualifying for viva-voce test was uploaded in the official website. Between and , interview/viva-voce was held, in which 1097 candidates appeared and eventually the Final Merit List of 250 selected candidates was uploaded in the official website on , followed by another Final Merit List of 73 candidates, so uploaded on Appointments were offered to 284 candidates after final scrutiny of the two lists by removing those roll numbers found duplicated in both the lists and the selectees/beneficiaries joined the post of Supervisors on Before proceeding further, it would be apposite to notice that all the aforesaid writ petitions were filed after appointments had been made to the 284 in-service Anganwadi Workers. Such appointment orders are neither assailed in Page 30 of 37

31 this batch of writ petitions nor the 284 appointees are impleaded as party respondents, save and except in WP(C) 848/2016, where 4(four) selected candidates have been made parties, allegedly in representative capacity. 4. Mr. J. Deka, Advocate, leading the charge on behalf of the writ petitioners submits that the selection being done by introducing the component of written test, which is not provided under the Notification dated , therefore, the selection so made cannot have legal sanction and is liable to be interfered with by this Court. Mr. Deka submits that selection could only have been confined to oral interview by way of distribution of marks as per the guidelines set down in the Notification dated The introduction of written test to be conducted by a District Level Committee is also put to challenge on grounds that the Director of Social Welfare, Assam, was without power and jurisdiction to constitute the said Committee. Also, the Minutes of the Meeting held on was not notified. Mr. Deka also contends by referring to paragraph 10 and 11 in WP(C) 848/2016 that it was only under compelling circumstances that the petitioners had to appear in the written examination. As a matter of fact, it is submitted, that the petitioners were issued Admit Cards on , on which date they came to learn that written test is scheduled on Although they had approached the respondents concerned the next day objecting to the introduction of the new component, nothing was disclosed to them. The following two dates i.e. 15 th and 16 th of January, 2016 were State Holidays and, therefore, they had no option but to sit in the examination on 17 th of January, As regards the issue as to why all the appointees/beneficiaries have not been impleaded as party respondents, Mr. Deka submits that the same was not possible in view of the fact that only Roll numbers of selected candidates had been shown in the Final Merit List. It is further contended that to overcome any procedural defect, the private respondent nos. 8 to 11 have been arrayed in representative capacity by making categorical allegations against each one of them, as would be apparent from the statements made in paragraphs 14 and 15 in WP(C) 848/2016. Referring to the affidavit-inopposition filed on behalf of Respondent No.2, Mr. Deka submits that the writ petitioner no.3 who belongs to Scheduled Tribes (Plains) category have been shown to have secured 43 marks in written test. Situated thus and having regard Page 31 of 37

32 to the cut-off marks for qualifying in the written examination, as applicable to Anganwadi Workers belonging to Scheduled Tribes (Plains) category, standing at 31 marks, the State respondents have grossly faulted in not calling the petitioner no.3 for interview/viva-voce test. 5. On the submission and legal proposition that the procedure prescribed under the Notification dated is binding in nature and no departure could have been made thereof, Mr. Deka relied upon the decisions in: (i) (2008) 10 SCC 687 Dipitimayee Parida v. State of Orissa; (ii) 2007 (3) GLT 196 Manju Dutta & Ors. v. State of Tripura; (iii) (2007) 8 SCC 264 M.P. State Co-op. Bank Ltd., Bhopal v. Nanuram Yadav; (iv) 2014 (3) GLT (TR) 35 Tanmoy Nath & Ors. v. State of Tripura. On the issue that the writ petition, i.e. WP(C) 848/2016 is maintainable, having at least joined 4(four) beneficiaries as party respondents in a representative capacity, Mr. Deka relied upon the case in Prabodh Verma & Ors. v. State of U.P., reported in AIR 1985 SC Lending support, Mr. M. Dutta, learned counsel representing the petitioners in WP(C) 864/2016 submits that the entire selection was held at the whims of officers belonging to the branch level, as would be apparent from the Minutes of the meeting dated Evidently, the selection being held de hors the norms and guidelines under the Notification dated , the outcome of the said selection cannot be given legal recognition. Mr. P.K. Deka, learned counsel representing the petitioners in WP(C) 1836/2016, adopts the arguments advanced by Mr. J. Deka and Mr. M. Dutta. Reliance is also placed in the case of Madan Mohan Sharma and Anr. v. State of Rajasthan, reported in AIR 2008 SC 1657 for the proposition that selection process should continue as per Advertisement and no change in the eligibility criteria is permissible during the process. Reliance is also placed in the case of Subodh Chintey v. State of Assam & Ors., reported in 2012 (1) GLT 377 for the proposition that a candidate participating in a selection process cannot be debarred thereafter to question the validity thereof if the same suffers from apparent illegalities, rendering it non est. According to him, the plea of estoppel against the writ petitioners, as such, cannot be pressed into service. Page 32 of 37

33 7. Mr. B.K. Sharma, learned counsel representing the Social Welfare Department submits that the Final Merit List was prepared by taking into consideration the marks obtained by candidates in both the written and viva test. As regards introduction of written test for the purpose of selection, Mr. Sharma submits that more than (Twelve Thousand) in-service Anganwadi Workers had vied for appointment/promotion to the post of Supervisors against 25% reserved quota and in order to bring in more transparency, the component of written test was introduced. According to him, this was done in terms of Notification dated He also submits that the said Notification dated do not create any embargo for holding written test. Submission is also made that no challenge whatsoever has been made in any of the writ petitions alleging any gross irregularities and mischief in the conduct of the written test. Further contention of Mr. Sharma is that appointments have already been granted to 284 candidates on and such appointment orders are not under challenge in this batch of writ petitions. Referring to the judgment cited by Mr. J. Deka in the case of Tanmoy Nath (supra), Mr. Sharma submits that the same do not come to the aid of the writ petitioners, in as much as, at paragraph 127 of the judgment it has been made absolutely clear that the said judgment would operate prospectively and shall not affect the appointments already made unless the said appointments are under challenge before the Court on ground that employment policy is illegal. Accordingly, Mr. Sharma contends that the writ petitions are without any merit and the petitioners cannot be allowed to challenge the selection process after having participated in the same and not having emerged successful. Mr. Sharma also contends that in the absence of any pleadings of any mischief in conducting the selection as being widespread and allpervasive affecting the result, the writ petitions itself are not maintainable without bringing in the appointees/beneficiaries as party respondents in the case. 8. I have heard the learned counsel for the parties and have also perused the materials available on record. This common judgment and order would answer the issues raised in this batch of writ petitions. Page 33 of 37

34 9. As the entire controversy revolves round the holding of written test, notice may be had as to how the same came about. The meeting of amongst the Director of Social Welfare, the Branch Officers and Assistants dealing with the Establishment Branch had resolved to constitute a District Level Committee for conducting written examination. Vide letter dated the Director informed the Commissioner & Secretary to the Government of Assam, Social Welfare Department about the constitution of the District Level Committee with further information that the said Committee will conduct the written test as per guidelines and laid down procedure. A reply to this end was received from the Government of Assam in the Social Welfare Department vide letter dated agreeing to the proposal. What followed thereafter was the issue of Admit Cards to the aspirants, fixing as the date of written test, to be held district-wise. Apparently, all the petitioners appeared in the written test. 10. More than 12,000 in-service Anganwadi Workers, including all the petitioners, sat in the written examination. On record, there is nothing to demonstrate that any of the petitioners had expressed demur or objection to the holding of the written examination. Although the petitioners in WP(C) 848/2016 have pleaded in paragraphs 10 and 11 of the writ petition that they had approached the respondents concerned, there is no statement therein of having expressed any objection. Averment made is only to the extent that on approach being made to the office of the Respondent Nos.4,5 and 6, nothing was disclosed to them. In paragraph 11 thereof it is also averred that they sat in the written examination on under compelling circumstances. This statement comes to no aid, in as much as, there is nothing to show that any objections had been raised before the respondent authorities immediately after being subjected to sit in the examination. Rather, challenge is made for the very first time in the present proceeding which was instituted after the entire selection process stood concluded with appointments also being completed. 11. As regards the legality in introducing the written test component, the Notification dated does not stifle such a procedure. Rather, Clause 12 of the said Notification postulates that all other rules and procedure of the State/Central Government that conforms to the present requirements but not Page 34 of 37

35 incorporated in the Notification shall also be followed accordingly. As above, all the petitioners in both the categories participated without demur. The holding of written examination complies with the guidelines/requirements in terms of the aforesaid Clause 12 of the Notification. Not to ignore, more than 12,000 candidates had vied for selection and the respondent authority in its bid to ensure transparency brought in the component of written examination, as legally entitled to, in terms of the prescription under Clause 12. The holding of written examination is not an anathema to the extant rules and procedure of the State/Central Government in a recruitment exercise. It is not a case that the rules of the game had been changed in the midstream or after the selection process had been initiated. As held in the case of Praveen Singh v. State of Punjab, reported in (2000) 8 SCC 633, there is always a room for suspicion for the common appointments if oral interview is taken up as the only criteria. Therefore, this Court is unable to hold that in introducing the written test component, the State respondents had resorted to a departure from the requirements or laid-down procedure under the Notification dated As a corollary, the judgments relied upon by the counsels for the petitioners on the binding nature of the Notification are, per se, not applicable in the facts and circumstances of the present proceedings. 12. Evidently, the appointees to the post of Supervisors are not made party respondents in the present proceedings, save and except 4(four) of them, arrayed as Respondent Nos.8 to 11 in WP(C) 848/2016. Explanation tendered is that only the roll numbers of the selectees had been shown in the Final Merit List and, therefore, the petitioners suffered handicap. This explanation holds no water in the absence of any record demonstrating that the petitioners had either made application before the concerned State respondent for collecting the names or had suitably amended any of the writ petitions to implead the appointees as party respondents. In any event, the appointments so made is not the subject-matter of challenge in the present batch of cases. As regards the contention that the 4(four) selectees impleaded in WP(C) 848/2016 have been so made in representative capacity, the issue to be decided is as to whether any pleadings have come on record that irregularities and mischief in the selection had been so Page 35 of 37