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2014 DIGILAW 136 (GAU)

ELIZA BEGUM v. STATE OF ASSAM

2014-02-03

A.M.SAPRE, UJJAL BHUYAN

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JUDGMENT A.M. Sapre, J. Heard Mr. B. Islam, learned counsel for the appellant and Ms. T. Barman, learned Standing Counsel, Social Welfare Department. This is an intra-court appeal filed under Rule 2(3) of Chapter VA of the Gauhati High Court Rules by the writ petitioner of WP(C) No.71 of 2010 against the order dated 27.09.2012 passed by learned Single Judge. By the impugned order, learned Single Judge dismissed the writ petition filed by the appellant with the following words : “The matter relates to selection of Anganwadi Helper in the centre called No. 117 Passchim Suba Nadir par Anganwadi Centre under Sipajhar ICDS Project in the District of Darrang. According to the petitioner, the respondent No. 7 has produced fake school certificate which the respondents have denied in their counter affidavit. The school certificate annexed to the counter affidavit shows that the respondent No. 7 have the requisite qualification for appointment as Anganwadi Helper. In view of the above, no relief can be granted. Accordingly writ petition is dismissed. The respondents shall now proceed with the matter in accordance with law.” It is not in dispute that during pendency of this appeal, this Court passed the following order on 24.01.2013: “Learned counsel for the parties state that issue involved in the present appeal is identical to the issue involved in Writ Appeal No.347 of 2012. Accordingly, we issue identical direction in the present case to the Director, Social Welfare, Govt. of Assam.” In terms of the aforesaid order, the State Government then conducted a factual enquiry with a view to find out as to whether the certificate submitted by respondent No.7 on the basis of which she had secured appointment on the post of Anganwadi Helper was genuine or not. In the enquiry report submitted by the Director, Social Welfare, Assam, Guwahati dated 9th May, 2013 (Annexure-1 with the additional affidavit dated 23rd May, 2013), it was concluded that school certificate obtained by respondent No.7 was a false certificate. The concluding remark of Enquiry Officer, reads as under : “In view of the above, I am in the opinion that, the respondent Smt. NUrjahan Azmi submitted false school certificate at the time of interview for the post of Anganwadi Helper and could manage to get engagement for the post. The concluding remark of Enquiry Officer, reads as under : “In view of the above, I am in the opinion that, the respondent Smt. NUrjahan Azmi submitted false school certificate at the time of interview for the post of Anganwadi Helper and could manage to get engagement for the post. Hence, the Child Development Project Officer, Sipajhar ICDS Project is hereby directed to remove Smt. Nurjahan Azmi from the voluntary service of Helper at 2 No. Suktaguri Paschim Chuba Nadirpar Anganwadi Centre with immediate effect. The Child Development Project Officer will approach the Project Level Selection Committee for selection of another suitable candidate from amongst the candidates appeared in the earlier interview for engagement to the post of Helper in the concerned Anganwadi Centre, following the guidelines issued by the Govt. for the purpose. The Child Development Project Officer is also directed to lodge FIR at local Police Station against Smt. Nurjahan Azmi, Sri Daya Ram Deka and Md. Ansar Ali immediately for misleading the departmental officials in selection of Anganwadi Worker/Helpers and to submit action taken report to the undersigned.” Keeping in view the aforesaid undisputed facts in consideration which came into existence during pendency of this litigation, we are of the considered view that the very purpose of filing the writ petition has been vindicated. It is for the simple reason that as a result of passing of order dated 9th May, 2013, the appointment given to respondent No.7 has since been directed to be quashed. If that be so, then it is now for the respondent No.7 to challenge this order in case if she wishes to do so in accordance with law in proper forum rather than the appellant who had sought quashing of the appointment of respondent No.7 on certain grounds. It is with these observations, we do not find any ground to proceed with this appeal at the instance of the appellant and leave the respondent No.7 to take up the issues, if she is advised, to question the legality and correctness of order dated 9th May, 2013, which as mentioned above is adverse to her. So far as the appointment of appellant to the post of Anganwadi Helper is concerned, it is now for the State to decide who is now eligible person to be appointed to the post of Anganwadi Helper as per wait list out of wait list candidates. So far as the appointment of appellant to the post of Anganwadi Helper is concerned, it is now for the State to decide who is now eligible person to be appointed to the post of Anganwadi Helper as per wait list out of wait list candidates. The State may now pass appropriate orders. It is with these observations, we dispose of this appeal, which in our opinion has become infructuous. No cost.