Page No.# 1/4 GAHC010131072026 2026:GAU-AS:9918 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3473/2026 NUR SAHIDA KHATUN D/O- AZAD ALI, R/O- VILL KAZIPARA PART-III CHARSINGAR PARK, P.O. P.S. CHAPOR, PIN - 783371, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, ASSAM. 2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT ASSAM UZANBAZAR GUWAHATI-1. 3:THE DISTRICT SOCIAL WELFARE OFFICER DHUBRI P.O. DIST DHUBRI ASSAM PIN-783301. 4:THE CHILD DEVELOPMENT PROJECT OFFICER CHAPORSALKOCHA INTEGRATED CHILD DEVELOPMENT SCHEME ICDI PROJECT CHAPAR DIST DHUBRI PIN-783371 ASSAM. 5:ATIFA AFRUS Page No.# 2/4 W/O- GAJIBAR RAHMAN D/O- ABUL KALAM AZAD R/O- VILL JHAWKHURA PART-II P.O. MAJERLAGA PIN783389 DIST BONGAIGAON ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. U NANDA,MS. K L R YANTHAN,MS. S. CHANDA,MR S RAHMAN Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 20/07/2026 Ms. K L R Yanthan, learned counsel for the petitioner and Ms. S Baruah, learned Government Advocate, appearing for the State respondents. 2. As consented to by the learned counsel for the parties, the present writ petition is being taken up for final consideration at the motion stage itself. 3. In view of the nature of the order being passed today, notice upon the respondent No. 5 is not deemed to be necessary. 4. The petitioner in the present writ petition has presented a challenge to the selection and appointment of the respondent No. 5 as an Aganwadi Helper in 228 No. Charsingar Park Anganwadi Center. 5. As projected in the writ petition, the petitioner had in pursuance to an advertisement dated 18.12.2024, submitted her candidature for recruitment as Anganwadi Helper against 228 No. Charsingar Park Anganwadi Center. Page No.# 3/4 6. The petitioner projects that she had participated in a selection process and was awaiting for publication of the select list in pursuance thereof. It is at this juncture, the petitioner could come to gather that the respondent authorities had proceeded to select the respondent No. 5, herein, for engagement as Anganwadi Helper against the said Anganwadi Center. 7. It is projected that the respondent No. 5 was so appointed as an Anganwadi Helper in the said Anganwadi Center on 20.04.2026. The petitioner projects that the respondent No. 5, as on the date of selection was not a resident within the coverage area of the said Anganwadi Center and accordingly, she was not eligible to be considered for engagement as an Anganwadi Helper, in pursuance to the advertisement dated 18.12.2024, against the said Anganwadi Center. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. From the contention of the petitioner in the writ petition as well as the submissions made by the learned counsel for the petitioner, this Court finds that primarily the challenge to the appointment of the respondent No. 5 is premised on the ground that she was not a resident within the coverage area of the Anganwadi Center and accordingly, was ineligible for participating in the said selection process as initiated in pursuance to the advertisement dated 18.12.2024. The said issue raised by the petitioner would require a factual determination and the same at the first instance, in the considered view of this Court, is to be made by the departmental authorities. 10. In view of the above conclusions drawn by this Court, the petitioner is directed to submit a representation before the Director, Women and Child Development, Assam and therein, incorporate all the grounds for assailing the selection and appointment of respondent No. 5, Atifa Afrus. Such representation be filed by the petitioner, within a period of 1 (one) month from today. Page No.# 4/4 11. The Director, Women and Child Development, Assam, on receipt of such representation from the petitioner, within a period of 1 (one) month from today, along with a certified copy of this Court, shall take the same on record and schedule a date of hearing and issue notices to the petitioner, the respondent No. 5 and the Child Development Project Officer, Chapor-Salkocha Integrated Child Development Scheme Project, Chapor, Dhubri. Thereafter, the Director, upon hearing all the parties to the proceeding and also by considering the materials brought on record by the parties to the proceeding, pass a speaking order with regard to the objection raised by the petitioner to the selection and appointment of the respondent No. 5, as an Anganwadi Helper of 228 No. Charsingar Park Anganwadi Center. 12. The said exercise shall be initiated and completed by the Director of Women and Child Development Department, within a period of 3 (three) months from the date of receipt of a certified copy of this order, along with a representation from the petitioner, herein. 13. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant