Page No.# 1/4 GAHC010171462022 2026:GAU-AS:13439 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5667/2022 NIPANWITA THAKURIA W/O- SRI PRAKASH TALUKDAR, R/O- VILL.- KAITHALKUCHI, MOUZA- DHARMAPUR, P.S. BELSOR, DIST. NALBARI, ASSAM, PIN- 781304. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE DIRECTOR SOCIAL WELFARE DEPARTMENT ASSAM UZANBAZAR GUWAHATI-781001. 3:THE SELECTION COMMITTEE MADHUPUR INTEGRATED CHILD DEVELOPMENT PROJECT KAITHALKUCHI I.C.D.S. PROJECT P.O. AND P.S. BELSOR DIST. NALBARI PIN- 781304 ASSAM 4:THE CHILD DEVELOPMENT PROJECT OFFICER MADHUPUR I.C.D.S. PROJECT P.O. AND P.S. BELSOR DIST. NALBARI ASSAM PIN- 781304 Page No.# 2/4 5:SABITA BARMAN HALOI W/O- DIBAKAR HALOI R/O- VILL.- NAKERBARI P.S. BELSOR PIN- 781304 DIST. NALBARI ASSAM 6:ANAMIKA HALOI R/O- VILL.- NAKERBARI P.S. BELSOR PIN- 781304 DIST. NALBARI ASSA Advocate for the Petitioner : MR D S DEKA, MR A K BORO,MR P K DAS,MR B S DEKA Advocate for the Respondent : GA, ASSAM, MR. I CHOUDHURY,MR H SARMA BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 10/09/2026 Heard Mr. D S Deka, learned counsel for the petitioner and Mr. I Choudhury, learned counsel for the respondent No. 5. 2. The challenge in the present writ petition is to the selection and appointment of the respondent No. 5 as Anganwadi Worker in 64 No. Nakerbari Anganwadi Center. 3. As projected in the writ petition, in pursuance to an advertisement dated 11.02.2019, issued by the Child Development Project Officer, Madhupur Integrated Child Development Project, Kaithakuchi, Nalbari, the petitioner and the respondent No. 5, along with others, had submitted their respective Page No.# 3/4 applications. On conclusion of the selection process, the respondent No. 5, Sabita Barman Haloi, was recommended for appointment as the Anganwadi Worker of the said Anganwadi Center. 4. The petitioner has projected that the post of Anganwadi Worker, as advertised for Nakerbari Anganwadi Center, was reserved for Schedule Caste candidates. The respondent No. 5, who belongs to the General community is projected to be not eligible to apply against the said post. The petitioner, who projects to be a candidate belonging to the Schedule Caste community, has accordingly, assailed the selection and appointment of the respondent No. 5, with a further prayer for her appointment against the said post of Anganwadi Worker. 5. The respondents, including the respondent No. 4, have disputed the contentions raised by the petitioner and have submitted that the selection in question, was carried out strictly in accordance with the guidelines holding the field. 6. It is further projected by the respondents that the petitioner, herein, has got no locus to assail the selection of the respondent No. 5, inasmuch as, the petitioner was found to be residing beyond the coverage area of 64 No. Nakerbari Anganwadi Center and accordingly, the petitioner in the selection process, was held to be not eligible. 7. Considering the rival contention of the parties to the proceeding, this Court finds that disputed questions of fact are involved in the present proceedings, which would not be permissible to be decided by this Court in a summary manner in a writ petition, basing on the affidavits filed by the Page No.# 4/4 respondents. 8. Accordingly, the petitioner is directed to approach the Director of Woman and Child Development, Assam, by way of submitting a representation and therein, ventilate her grievances supported by the relevant documents. The Director of Woman and Child Development, Assam, on receipt of such representation from the petitioner, shall schedule a date for hearing and issue notice to the respondent No. 5, herein, and the authorities of the Madhupur ICDS Project, for appearing before him for a hearing in the matter. The Director of Woman and Child Development, Assam, upon hearing the parties to the proceeding as well as receiving reports, as may be mandated by him, proceed to pass a speaking order, dealing with the grievances ventilated by the petitioner in her said representation, strictly in the light of the materials coming on record in the hearing. 9. The said process be initiated and concluded by the Director of Woman and Child Development, Assam, within a period of 60 (sixty) days, from the date of receipt of a certified copy of this order, along with the representation preferred by the petitioner, in terms of the liberty granted, hereinabove. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant