MRS. AFIA BEGUM & 3 ORS W/O LATE BADRUL HAQUE, VILL. PALASHBASTI, P.O. BHOGPARA (BORSOLA), DIST Vs. THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel appearing for the petitioners. Also heard Mr. J.U. Laskar, learned State counsel appearing for the Respondent Nos.1 and 4 and Ms. BD Sarma, learned Standing Counsel, Social Welfare Deptt. appearing for the Respondent Nos. 2, 3, 5 and 6.

(2.) The petitioners before this Court are aggrieved by the Notification dated 16.6.2012, more particularly, Clause 1 (i) thereof, wherein the words "same area " have been replaced by the words "revenue village " which was issued by the Social Welfare Department, Govt. of Assam.

(3.) Mr. M. Sarania, learned counsel appearing for the petitioners submits that the State respondents has been issuing notifications from time to time by constituting selection committee and also providing eligibility criteria, selection procedure etc. for selection of Anganwadi Workers/Helpers in Anganwadi centres. On 19.9.2009, the State respondents had issued a Notification whereby mandatory requirement and qualifications for selection of Anganwadi Workers and Anganwadi Helpers have been provided at para 2 (A) (i). It is provided that the candidate for the post of Anganwadi Workers and Helpers shall be a local woman residing in the same village where the Anganwadi centre is located. It is submitted that by corrigendum dated 22.9.2009, the State respondents had omitted the words "same village " and instead had inserted the words "same area ". Mr. Sarania also submits that the Govt. of India, Ministry of Women and Child Development had issued guidelines for selection of Anganwadi Workers under ICDS Scheme by a Circular dated 22.9.2011 wherein at para 3, the guidelines for selection of Anganwadi Workers/Helpers provided that she should be a lady from the local village and acceptable in the local community. It was also provided that special care should be taken in her selection so that the children of Scheduled Caste and other weaker sections of the society are ensured free access to Anganwadi. He submits that in total contravention of the guidelines contained in the Circular dated 22.9.2011, the State respondents had issued another Notification dated 16.6.2012 wherein at Clause 1 (i) which provides for mandatory requirement and qualification for selection of Anganwadi Workers/Helpers, the words "same area " as contained in the corrigendum dated 22.9.2009 have been replaced by the words "revenue village ". Mr. Sarania, therefore, submits that the action of the State respondents is against the guidelines of the Central Govt. and the impugned Notification dated 16.6.2012 has been issued without any application of mind. The very purpose of the intention of the Central Govt. for issuing the guidelines with regard to selection of Anganwadi Workers/Helpers has been removed and therefore, Clause 1 (i) of the Notification dated 16.6.2012 requires interference.