Page No.# 1/6 GAHC010181862023 2026:GAU-AS:4557 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4826/2023 ANJUWARA AHMEDA W/O- ABDUL MANNAN AHMED, RESIDENT OF VILLAGE- KHOLABANDHA, P.O.- KHOLABANDHA, P.S.- KACHUMARA, DIST.- BARPETA, ASSAM, PIN- 781126. VERSUS STATE OF ASSAM AND 3 ORS. THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-1. 3:CHILD DEVELOPMENT PROJECT OFFICER GUMAFULBARI ICDS PROJECT PALHAJI P.O. AND P.S.- BARPETA PIN- 781309 DISTRICT- BARPETA ASSAM. Page No.# 2/6 4:ASMINA KHATUN WIFE OF MOHIDUL ISLAM RESIDENT OF VILLAGE- KHOLABANDHA P.O.- KHOLABANDHA P.S.- KACHUMARA DIST- BARPETA ASSAM PIN- 781126 Advocate for the Petitioner : MR M H ANSARI, MR. S ALIM Advocate for the Respondent : GA, ASSAM, MR J ISLAM (R 4),MR M ROHMAN (R-4),MR. A HUSSAIN (R-4) BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 30.03.2026 Heard Mr. S. Alim, learned counsel for the petitioner. Also heard Mr. D. Borah, learned State Counsel for respondent Nos. 1, 2 & 3, and Mr. J. Islam, learned counsel for the respondent No. 4. 2. Challenge made in this writ petition is to the order dated 19.07.2022, issued by the Child Development Project Officer (CDPO), Gumafulbari Integrated Child Development Project, Palhaji, Barpeta, whereby the respondent No. 4, Smti. Asmina Khatun, has been appointed as Anganwadi Helper pursuant to the advertisement dated 31.03.2022 for filling up the post at 1 No. Kholabandha Mazpara near Faroj Ali’s House under Kholabandha Gaon Panchayat. Page No.# 3/6 3. Briefly put, the case of the petitioner is that she has passed the HSSLC Examination and is eligible to be engaged as an Anganwadi Helper. Pursuant to the advertisement dated 31.03.2022 issued by the CDPO for appointment of Anganwadi Helpers at various centers, the petitioner had applied for the post in respect of 1 No. Kholabandha Mazpara near Faroj Ali’s House under Kholabandha Gaon Panchayat. The respondent No. 4 also applied for the same post. However, by the impugned order dated 19.07.2022, the respondent authorities appointed the respondent No. 4 as Anganwadi Helper for the aforesaid centre in terms of the said advertisement. 4. It is the contention of the petitioner that the respondent No. 4 was, at the relevant time, a regular student pursuing B.A. course at B.P. Chaliha College, Nagarbera. As per one of the terms and conditions of the advertisement, candidates who are regular students of any school or college would not be considered for appointment to the post of Anganwadi Helper. Therefore, it is contended that the appointment of the respondent No. 4 is illegal, as she was a regular student of the said college at the relevant time and decided to take up the matter for disposal. 5. On 05.09.2025, this Court granted time to both the State respondents and the respondent No. 4 to obtain instructions and file their respective counter- affidavits. However, even after lapse of considerable time, neither any counter- affidavit has been filed nor any instruction has been placed before this Court. 6. At the time of hearing, Mr. J. Islam, learned counsel for the respondent Page No.# 4/6 No. 4, initially sought further time to file an affidavit. However, considering the nature of the grievance and the fact that the matter has been pending since 2023 and also considering that sufficient opportunities have already been granted to the respondents to file counter-affidavits, this Court declined the prayer for further time. 7. Mr. Islam, learned counsel for the respondent No. 4, submits that although the respondent No. 4 was initially pursuing her B.A. course as a regular student in B.P. Chaliha College, Nagarbera, she subsequently discontinued her studies and therefore, was not a regular student which would entail disqualification for appointment as an Anganwadi Helper in terms of the advertisement dated 31.03.2022. In support of his submission, Mr. Islam has placed on record a certificate issued by the Principal of the B.P. Chaliha College, Nagarbera. He has also relied upon a marriage certificate to project that after her marriage, the respondent No. 4 did not continue her studies in the said college. 8. I have considered the submissions of learned counsel for the parties and perused the materials placed on record. 9. An advertisement dated 31.03.2022 was issued by the Child Development Project Officer (CDPO), Gumafulbari Integrated Child Development Project, Palhaji, Barpeta, for filling up the post of Anganwadi Helper at various centres, including at 1 No. Kholabandha Mazpara near Faroj Ali’s House under Kholabandha Gaon Panchayat. Both the petitioner and the respondent No. 4 applied for the said post. The advertisement clearly provides that candidates who are regular students of any school or college shall not be considered for appointment. Page No.# 5/6 10. Pursuant to the said advertisement, the respondent No. 4 was appointed as Anganwadi Helper of the aforesaid centre by the impugned order dated 19.07.2022. From the records, it is noticed that upon a complaint made by the petitioner, show cause notices dated 21.09.2022 and 12.10.2022 were issued to the respondent No. 4 directing her to inform in detail in writing as regards the allegation that she was a regular student in a college at the relevant time. It indicates that the first notice was not responded to and therefore, the second notice was issued. However, no response or reply was submittted by the respondent No. 4 to either of the said notices. 11. The certificate relied upon by Mr. Islam, learned counsel for the respondent No. 4, issued by the Principal of B.P. Chaliha College, Nagarbera, indicates that the respondent No. 4 was a student of Semester-I (2021–2022), Honours in Arabic and she remained absent from classes after appearing in the 1st Semester Examination held in March, 2022. This, in fact, supports the position that the respondent No. 4 was a regular student at the relevant point of time. Insofar as the marriage certificate is concerned, the same shows that the respondent No. 4 was married to one Md. Mohidul Islam on 26.02.2022. However, such marriage by itself would not debar the respondent No. 4 from continuing her studies in the college. Therefore, the said document does not establish that the respondent No. 4 had ceased to be a regular student. 12. Upon overall consideration of the materials on record, this Court is of the view that the respondent No. 4 was a regular student of B.P. Chaliha College, Nagarbera at the relevant time when the advertisement was issued and the selection process was undertaken. Since the advertisement expressly disqualifies candidates who are regular students of any school or college, the appointment of the respondent No. 4 is found to be in violation of the prescribed conditions. Page No.# 6/6 Accordingly, the appointment of the respondent No. 4 is unsustainable in law. 13. For the foregoing reasons, this Court is of the view that the respondent authorities appointed the respondent No. 4 in violation of the conditions of the advertisement. Accordingly, the appointment of the respondent No. 4 is hereby interfered with and the impugned order dated 19.07.2022, issued by the Child Development Project Officer (CDPO), Gumafulbari Integrated Child Development Project, Palhaji, Barpeta, is set aside. Consequently, the respondent authorities are at liberty to initiate a fresh process for filling up the post of Anganwadi Helper in respect of 1 No. Kholabandha Mazpara near Faroj Ali’s House under Kholabandha Gaon Panchayat, in accordance with law. 14. Writ petition stands disposed of. JUDGE Comparing Assistant