WP(C) 1908/2010. Gauhati High Court

Case Number:WP(C) 1908/2010
Judgement Date:May 24, 2020
Court:Gauhati High Court
SUMMARY

Selection and appointment with respect to State Govt Employees

 
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I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

Writ Petition ( C) No.1908/ 2010

Smti Junu Prava Baishya (Baruah)

Wife of Sri Dhiren Ch. Baruah

Village-Chaparmukh, Atigaon

P.S. Raha, Dist. Nagaon, Assam

…….Writ Petitioner

-Versus-

  1. The State of Assam represented by the Chief Secretary to the Government of Assam, Dispur, Guwahati-781006.

  2. The Director of Social Welfare , Assam, Uzanbazar,

    Guwahati-781001

  3. The Deputy Commissioner, Nagaon, Assam

  4. The District Social Welfare Officer, Nagaon, Assam

  5. The Child Development Project Officer,

    Raha I CDS Project, Nagaon, Assam

  6. Smti Gurcharan Kaur

    Wife of Harbinda Singh

    R/ O Vill-Chaparmukh, Singhgaon PS Raha, Dist. Nagaon, Assam

    ……. Respondents

    BEFORE

    THE HON’BLE MR. JUSTI CE NELSON SAI LO

    For the Petitioner : Mr. MR Adhikari, Advocate

    For the Respondents : Mr. SR Baruah, Advocate (For respondent Nos. 1 to 5)

    Mr.D Gogoi, Advocate (For respondent No.6)

    Page 1 of 4

    Date of Hearing :24.5.2017

    Date of Judgment :24.5.2017

    JUDGMENT AND ORDER( ORAL)

    Heard Mr. M R Adhikari, learned counsel for the petitioner and Mr. SR Baruah, learned State counsel for the respondent Nos. 1 to 5. Respondent No. 6 is represented by Mr. D Gogoi who appears on behalf of Mr. S Borthakur.

  7. The respondent No. 5 has filed affidavit-in-opposition against the writ petitioner on 10.5.2010. The learned counsel appearing for the respondent No. 6 submits that an affidavit-in-opposition of the respondent No. 6 was filed in the year 2013. However, upon perusal of the records, I do not find any affidavit on record. Be that as it may, considering the nature of the controversy, the writ petition is taken up for disposal with the consent of the parties.

  8. The case of the petitioner is that the respondent No.5 floated an Advertisement on 7.9.2007 for inviting applications from eligible candidates for filling up the posts of Anganwadi worker and Anganwadi Health Workers in the Atigaon Anganwadi Centre under the Raha I CDS Project, Nagaon, Assam. The petitioner responded to the advertisement and according to her assessment, she performed fairly well in the interview and was expecting to be appointed as Anganwadi worker. However, to her surprise, respondent No. 6 who was an outsider was appointed as Anganwadi worker for Atigaon Anganwadi Centre. Being aggrieved, the petitioner is before this Court.

    W.P( C) No.1908 of 2010 Page 2 of 4

  9. The learned counsel for the petitioner Mr. MR Adhikari...

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