PRANITA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. Das, learned senior counsel assisted by Ms. M. Bordoloi, learned counsel for the petitioners in WP(C) 6544/2010 as well as Mr. K.K. Mahanta, learned senior counsel assisted by Mr. R. Islam, learned counsel appearing for the petitioners in WP(C) 6591/2010. I have also heard Ms. P. Chakraborty and Mr. B.K. Sarma, learned Standing Counsel, Social Welfare Department as well as Mr. B. Islam and Mr. K. Bhattacherjee, learned counsel appearing for the private respondents. Since both the writ petitions pertain to the same impugned order, they have been heard together and are being disposed of by this common judgement and order.

(2.) THE matter pertains to selection of Anganwadi Workers /Anganwadi Helpers, which was conducted earlier in which the petitioners were allegedly selected. THE said selection having been cancelled by the impugned order dated 26.11.2010, the petitioners have filed the writ petitions assailing the said order. For a ready reference, the impugned order dated 26.11.2010 (Annexure-IX in WP(C) 6544/2010), is quoted below :-

(3.) THE aforesaid direction clearly reveals that the direction issued to the Government to pass appropriate order in the matter, was on the basis of the aforesaid report submitted by the Committee as well as the materials available on record. Pursuant to the said order, the Commissioner and Secretary to the Govt. of Assam in the Social Welfare Department having passed the impugned order dated 26.11.2010, now the petitioners have come up with the plea that the enquiry report is not sustainable. It will have to be borne in mind that the said enquiry report was exhibited in the earlier round of litigation without any objection, whatsoever, from the petitioners.