JUDGMENT : N.UNNI KRISHNAN NAIR, J. Heard Mr. M. H. Rajbarbhuiya, learned counsel for the petitioner in WP(C).No.2162/2024 and for the respondent No.5 in WP(C)No.2434/2024. Also heard Mr. J. Abedin, learned counsel, appearing for the petitioner in WP(C)No.2434/2024 and the respondent no.5 in WP(C).No.2162/2024, as well as Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the state respondents in both the above-noted writ petitions. 2. The above-noted writ petitions involving common issues, were taken up for hearing analogously and are being disposed of vide this common order. 3. The writ petitioner in WP(C).No.2162/2024 has presented a challenge to an order dated 05.03.2024 issued by the Director of Women and Child Development, Assam, cancelling the selection of the petitioner as Anganwadi Worker against Beygaon Subahi Muktab Anganwadi Centre .The petitioner in WP(C).No.2434/2024 has also challenged the order dated 05.03.2024 to the extent it requires re-advertisement of the post of Anganwadi worker involved. The petitioner has also further prayed for an enquiry with regard to the manner in which the selection was held in pursuance to the advertisement dated 10.01.2023 in connection with post of Anganwadi Worker in Beygaon Subahi Muktab Anganwadi Centre. 4. The facts in brief requisite for adjudication of the issues arising in the above-noted petitions is noticed as under; The process of recruitment initiated for engagement as Anganwadi workers and Anganwadi helpers in different Anganwadi Centres under Dhalpukhuri ICDS project, Hojai, was under challenge before this Court in the proceedings of WP(C) No.2985/2010 and other analogous matters. A coordinate Bench of this Court vide order dated 12.05.2020 proceeded to direct the respondent authorities to immediately initiate a fresh process of selection for the concerned Anganwadi centres strictly in accordance with the rules. The earlier selection process initiated in pursuance to the advertisement dated 20.05.2010, under challenge in the writ petitions was also discontinued with. In pursuance to the said order dated 12.05.2020 the Child Development Project Officer CDPO Dhalpukhuri issued an advertisement dated 10.01.2023 for engagement of Anganwadi workers against 41 (forty one) numbers of Anganwadi centres under Dhalpukhuri Integrated Child Development Project. One of the Anganwadi centres involved was the Beygaon Subahi Muktab Centre. The petitioners in the above noted 2(two) writ petitions submitted their respective applications for engagement as Anganwadi worker against Beygaon Subahi Muktab Anganwadi Centre. One of the Anganwadi centres involved was the Beygaon Subahi Muktab Centre. The petitioners in the above noted 2(two) writ petitions submitted their respective applications for engagement as Anganwadi worker against Beygaon Subahi Muktab Anganwadi Centre. The applications on being scrutinized, the petitioner in WP(C) No.2434/2024 (Foujia Tabassum) being found to reside outside the survey area of the concerned Anganwadi Centre, her name was incorporated in a notice dated 18.05.2023, by which names of the rejected candidates were so published. After publication of the said notice dated 18.05.2023, the respondent No.4 scheduled an interview on 30.05.2023 for the various Anganwadi Centres including Beygaon Subahi Muktab Anganwadi Centre. The petitioner in WP(C) No.2434/2024 projects that she had approached the respondent authorities more particularly the respondent No.4 and has contended that rejection of her candidature was illegal, as she was also a resident within the survey area of the Anganwadi Centre. Basing on such approach it is projected that the petitioner in WP(C)No.2434/2024 was also permitted to appear in the interview held on 30.05.2023. On conclusion of the selection process a select list containing the names of selected candidates against the various Anganwadi centres for the post of Anganwadi worker came to be published. Upon publication of the select list, it was forwarded to the Director, Women & Child Development, Assam, for his approval. The Director, Women & Child Development, Assam, vide order dated 05.03.2024 while according approval to the selection made against various other Anganwadi centres, withheld the approval for the post of Anganwadi worker at Beygaon Subahi Muktab Anganwadi center, basing on a complaint received from the petitioner in WP(C).No.2434/2024. The respondent No.2 further basing on an enquiry report submitted by the District Social Welfare Officer, Hojai, proceeded to direct the CDPO to place the matter before the selection committee and to re-advertise the post of Anganwadi worker in the said Anganwadi center and to carry out a fresh process of selection. The petitioner, in WP(C).No.2162/2024 who was the selected candidate against the post of Anganwadi worker in the said Anganwadi centre, being aggrieved by the cancellation of the selection process, which was further contended to have been done without affording an opportunity of hearing to her, instituted the WP(C).No.2162/2024. The petitioner, in WP(C).No.2162/2024 who was the selected candidate against the post of Anganwadi worker in the said Anganwadi centre, being aggrieved by the cancellation of the selection process, which was further contended to have been done without affording an opportunity of hearing to her, instituted the WP(C).No.2162/2024. Foujia Tabassum, petitioner in WP(C).No.2434/2024 also being aggrieved by the order dated 05.03.2024 to the extent it had the effect of cancelling the earlier selection process, also instituted WP(C).No.2434/2024 assailing the said order dated 05.03.2024 along with a further prayer for holding an enquiry with regard to the selection as held on 30.05.2023 and to appoint the suitable candidate so found upon such enquiry being made. 5. Mr. M. H. Barbhuiya, learned counsel for the petitioner in WP(C).No.2162/2024 has submitted that during the pendency of the present writ petition the respondent no.2 i.e., the Director, Woman & Child Development, Assam, had re-examined the matter and upon such re- examination, on finding Foujia Tabassum, petitioner in WP(C).No.2434/2024, to be not a resident within the survey area of the Anganwadi Centre, in question, as on the date of issuance of the advertisement i.e. on 10.01.2023, proceeded vide order dated 16.05.2025 to review his earlier decision for witholding the publication of the result for the position of Anganwadi Worker in the Anganwadi Centre, in question and basing on the materials coming on record withdrew the order dated 05.03.2024. The respondent no.2 further directed the CDPO Dhalbukhuri ICDS. Project, to issue engagement order to the selected candidate i.e., Suhana Begam, i.e., the petitioner in WP(C).No.2162/2024. He submits that in pursuance to the said order dated 16.05.2025, the jurisdictional CDPO vide order dated 23.05.2025 engaged the petitioner in WP(C).No.2162/2024 as Anganwadi worker in Beygaon Subahi Mukta Anganwadi Centre. He further submits that in terms of the said engagement order, the petitioner had joined her voluntary service as Anganwadi worker in the said Anganwadi Centre w.e.f.,23.05.2025 and is continuing in such capacity thereafter. 6. Mr. M. H. Barbhuiya, submits that the order dated 16.05.2025 is a detailed one and the same was so issued basing on the materials coming on record with regard to the fact as to whether the petitioner in WP(C).No.2434/2024 was a resident of the survey area of the Anganwadi Centre, in question. 6. Mr. M. H. Barbhuiya, submits that the order dated 16.05.2025 is a detailed one and the same was so issued basing on the materials coming on record with regard to the fact as to whether the petitioner in WP(C).No.2434/2024 was a resident of the survey area of the Anganwadi Centre, in question. He further submits that the materials having univocally pointed to the fact that Foujia Tabussum i.e., the petitioner in WP(C).2434/2024, of not being a resident within the survey area of the Anganwadi Centre, in question, as on the date of publication of the advertisement i.e., on 10.01.2023, the Director, Woman & Child Development, had proceeded to direct for appointment of the petitioner in WP(C).No.2162/2024 who was the selected candidate. He submits that the order dated 16.05.2025 would not mandate any interference by this Court. 7. Per contra, Mr. J. Abedin, learned counsel, appearing for Foujia Tabassum, petitioner in WP(C)No.2434/2024, submits that she was a resident within the survey area of the Anganwadi centre much prior to the date of issuance of the advertisement dated 10.01.2023. He submits that the name of the petitioner was illegally incorporated in the list of rejected candidates, and on coming across the said list, the petitioner Foujia Tabassum had approached the respondent authorities. He submits that on such approach being made, Foujia Tabassum was permitted to appear in the selection process held on 30.05.2023 . However, noticing the attitude of the selection committee members , Foujia Tabassum had submitted representations before the Sub-Divisional Officer, Shankar Dev Nagar, Hojai, with a prayer to cause an enquiry and to ensure a fair selection process. A copy of the said representation was also contended to have been forwarded to the Office of the Director, Woman and Child Development, Assam. He submits that it is on the basis of the said representation that the respondent no.2 vide a letter dated 22.09.2023 had required the respondent no.4 to cause an enquiry in the matter and submit his report. 8. Mr. J. Abedin, submits that the enquiry was conducted by the respondent no.4 and a report dated 05.01.2024 was submitted in the matter before the respondent no.2 wherein, it was highlighted that Foujia Tabassum was a resident within the survey area of the Anganwadi Center, in question, and was living therein, for about 10 years. Mr. 8. Mr. J. Abedin, submits that the enquiry was conducted by the respondent no.4 and a report dated 05.01.2024 was submitted in the matter before the respondent no.2 wherein, it was highlighted that Foujia Tabassum was a resident within the survey area of the Anganwadi Center, in question, and was living therein, for about 10 years. Mr. J. Abedin, submits that it is on the basis of such report that the respondent no.2 had issued the order dated 05.03.2024. However, he submits that the same is not sustainable to the extent it requires re-advertisement of the post, in question. 9. By referring to the order dated 16.05.2025, Mr. J. Abedin, submits that the same is not sustainable, inasmuch as, the same was passed during the pendency of the above noticed writ petitions without taking any leave from this Court. He submits that the matter being subjudiced before this Court, the Director of Woman & Child Development, Assam, could not have proceeded to carry out a process of review in the matter without first obtaining prior leave from this Court. He further submits that the order dated 16.05.2025 was passed without jurisdiction by the Director of Woman & Child Development, Assam, inasmuch as, no power of review is conferred upon the said authority to review his own administrative orders. He submits that the order dated 05.03.2024, having attained it finality and the challenge thereto, being subjudiced before this Court, the order dated 16.05.2025 would mandate an interference from this Court. 10. Mr. J. Abedin, has submitted that Foujia Tabassum, having taken part in the selection process, a direction is now required to be issued to the Selection Committee, to conduct a due selection of the candidates in the fray including Foujia Tabassum and thereafter to recommend the name of the most suitable candidates for engagement as Anganwadi worker against the Anganwadi Center, in question. He submits that Foujia Tabassum having scored more marks than that of Suhana Begum, in the qualifying examination, in the event, a fresh process of selection is so undertaken, there exist no bar for engaging Foujia Tabassum, against the post of Anganwadi Worker in the Anganwadi Centre, in question. 11. I have heard the learned counsel for the parties and perused the materials available on record. 12. The facts noticed hereinabove, not being in dispute is not reiterated again. 11. I have heard the learned counsel for the parties and perused the materials available on record. 12. The facts noticed hereinabove, not being in dispute is not reiterated again. The challenge in the above noted writ petitions is to the recruitment to the post of Anganwadi worker available in Beygaon Subahi Muktab Anganwadi Centre under Dhalpukhuri ICDS project. The material brought on record reveals that both the petitioners in the above noted writ petitions had submitted their respective applications in pursuance to the advertisement dated 10.01.2023. On scrutiny of the application submitted by the petitioner in WP(C).No.2434/2024 the same was rejected and a notice in this connection was duly published. However it is seen that the petitioner in WP(C).No.2434/2024 was allowed to participate in the selection process. After conclusion of the selection process and recommendations being made by the selection committee in favour of Suhana Begum i.e., the petitioner in WP(C).No.2162/2024, the matter was placed before the respondent no.2 for approval. The respondent no.2 basing on the complaint received from Foujia Tabassum, proceeded to withhold the selection process for the post of Anganwadi Worker against the Anganwadi Center, in question. Thereafter on pursuing the enquiry report submitted by the DSWO, Hojai, the respondent no.2 proceeded to direct the jurisdictional CDPO to re- advertise the post and hold a fresh selection in the matter. During the pendency of the present proceedings, the Director of Woman & Child Development, Assam, i.e., the respondent no.2, proceeded to revisit the order dated 05.03.2024 and on a detailed examination of the materials available on record, proceeded vide order dated 16.05.2025, to review his earlier decision contained in the order dated 05.03.2024. On such review the order dated 05.03.2024 being withdrawn, directions came to be issued to the jurisdictional CDPO to issue engagement orders to Suhana Begum, i.e., the petitioner in WP(C).No.2162/2024 and accordingly, Suhana Begum came to be engaged as Anganwadi Worker in the Anganwadi Center, in question. 13. This Court has perused the order dated 16.05.2025 and on such perusal finds that the Director, Woman & Child Development Assam, i.e., the respondent no.2, had taken into consideration all relevant factors available on record with regard to the residential status of Faujia Tabassum i.e., the petitioner in WP(C).No.2434/2024 and on such consideration had proceeded to direct for issuance of engagement order in favour of the selected candidate i.e., Suhana Begum. The residential status of a candidate being a question of fact and the same having been duly examined by the Director of Woman & Child Development, Assam, vide the order dated 16.05.2025, basing on the contemporaneous record as well as reports received in the matter, this Court is of the considered view that the said conclusions reached by the Director of Woman & Child Development, Assam, would not mandate an interference by this Court. 14. This Court also does not find any error with regard to the conclusions reached by the Director of Woman & Child Development, Assam, vide the order dated 16.05.2025, with regard to the residential status of Foujiya Tabassum as on the date the advertisement was so published i.e., on 10.01.2023. The Director of Woman & Child Development, Assam, having concluded that Faujiya Tabassum was not a resident of the locality and her name was not included in the survey register of the Anganwadi Centre, in question, she was not entitled to be considered for engagement against the post of Anganwadi Worker of the Anganwadi Center, in question. The Director had also noticed the fact that the name of Faujiya Tabassum was enrolled in the electoral roll of 2023 in Milikbasti (a different village) and her name was so incorporated as a voter only in the voters list of 2024 for Hawaipur village, wherein the Anganwadi Center in question is situated. Accordingly on the date of the issuance of the advertisement dated 10.01.2023 the petitioner Faujiya Tabassum (petitioner in WP(C).No.2434/2024) being not a resident within Hawaipur village and her name also not being included in the survey register maintained for the Anganwadi center, in question, the Director of Woman & Child Development, Assam, had not committed any error in holding that the rejection of the candidature of the petitioner in WP(C).No.2434/2024 was proper. 15. This Court having upheld the conclusions reached by the Director of Woman & Child Development, Assam, vide order dated 16.05.2025, further contentions raised by the learned counsel for the petitioner in WP(C).No.2434/2024 has been rendered academic and would not mandate any further consideration. 16. Accordingly, Suhana Begum i.e., the petitioner in WP(C).No.2162/2024 would now be permitted to continue as the Anganwadi worker in Beygaon Subahi Muktab Centre in terms of her engagement against the said post vide communication dated 23.05.2025 issued by the jurisdictional CDPO. 17. 16. Accordingly, Suhana Begum i.e., the petitioner in WP(C).No.2162/2024 would now be permitted to continue as the Anganwadi worker in Beygaon Subahi Muktab Centre in terms of her engagement against the said post vide communication dated 23.05.2025 issued by the jurisdictional CDPO. 17. In view of the above observations and directions, WP(C).No.2162/2024 (Suhana Begum Vs. State of Assam and 4 Ors.) stand allowed while WP(C).No.2434/2024 ( Foujia Tabassum Vs. State of Assam and Ors.) stand dismissed. However, there would be no order as to costs.