PUNYADA DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this batch of writ petitions, two categories of petitioners have assailed the legality and validity of the selection process for appointment/promotion to the posts of Supervisors against 25% reserved quota, so initiated pursuant to Government Notification dated 04.06.2012. All the petitioners, who are in-service Anganwadi Workers, for the purpose of this judgment and order, comprises of (i) those who did not qualify in the written test (hereinafter alluded to as Category-A) and (ii) those qualifying in the written test and appearing in viva-voce test but not making it to the Final Merit List (hereinafter alluded to as Category-B). To be precise, the petitioners falling in the first category are the writ petitioners in WP(C) 843/2016; WP(C) 848/2016; WP(C) 960/2016; WP(C) 1443/2016; WP(C) 1382/2016; WP(C) 1947/2016; WP(C) 992/2016; WP(C) 845/2016; WP(C) 2197/2016; WP(C) 1988/2016; WP(C) 2242/2016; WP(C) 2440/2016; WP(C) 2472/2016; WP(C) 2293/2016; WP(C) 2775/2016; WP(C) 2816/2016 and WP(C) 1455/2016. The petitioners falling in the second category are the writ petitioners in WP(C) 846/2016; WP(C) 1043/2016; WP(C) 1292/2016; WP(C) 1388/2016; WP(C) 1440/2016; WP(C) 1836/2016; WP(C) 1075/2016; WP(C) 1088/2016; WP(C) 2477/2016; WP(C) 3146/2016 and WP(C) 3030/2016.

(2.) Facts to be noticed are that the Government of Assam in the Social Welfare Department issued Notification dated 04.6.2012 laying down the norms and guidelines for selection of candidates for appointment/promotion to the posts of Supervisors against 25% reserved quota from among the in-service Anganwadi Workers. As per the said Notification, selection is to be made on the basis of oral interview comprising of a total 100 marks and the distribution of marks was spelt out in the said Notification. The in-service Angan-wadi Workers concerned were required to submit applications for appearing in the selection test before the respective Child Development Project Officer, who in turn was required to submit the same along with a consolidated list of candidates before the concerned District Social Welfare Officer, which eventually is to reach the Director of Social Welfare, Assam. Candidates were to be shortlisted by a process of scrutiny and be allowed to appear in the oral/viva-voce test. Consequent upon individual performance in interview to be held by the District Level Selection Committee, the Final Merit List was to be prepared by the duly constituted State Level Selection Committee on the basis of the records of the individual marks-sheets of the members of the District Level Selection Committee and the Comparative Statement to be sent by the District Social Welfare Officer concerned. The Final Merit List was to be prepared strictly in order of merit by ensuring due representation from reserved categories. The said Final Merit List is then to be published by the Director of Social Welfare, Assam. The said Notification dated 04.06.2012, also lays down that the rules and procedure of the State/Central Government that conform to the requirements but not incorporated in the said Notification, shall also be followed. Apparently, all the writ petitioners submitted applications as per procedure. On 05.07.2014, a meeting was held amongst the Director of Social Welfare, Assam and officers of the Establishment Branch where a decision was taken for constitution of a District Level Committee for conducting written examination for appointment to the post of Supervisors against the 25% reserved quota. The members constituting the District Level Committee for conducting written examination was also decided upon. The Minutes of the meeting dated 05.07.2014 was brought to the knowledge of the Commissioner and Secretary to the Government of Assam, Social Welfare Department vide letter dated 08.08.2014 for due consideration and necessary action. In reply, the Government in the Social Welfare Department agreed to the proposal of the Directorate for consideration of District Level Committee for conducting written examination as per guidelines and laid down procedure. The approval of the Social Welfare Department was communicated vide letter dated 30.09.2014. In early January, 2016, the petitioners were issued with Admit Cards for appearing in the written examination, which was held District-wise on 17.01.2016. As against 284 posts of Supervisors constituting 25% reserved quota, over 12000 (twelve thousand) in-service Angan-wadi Workers appeared in the written-examination. On 27.01.2016, the list of 1144 candidates securing the cut-off marks and above and qualifying for viva-voce test was uploaded in the official website. Between 29.01.2016 and 30.01.2016, interview/viva-voce was held, in which 1097 candidates appeared and eventually the Final Merit List of 250 selected candidates was uploaded in the official website on 02.02.2016, followed by another Final Merit List of 73 candidates, so uploaded on 05.02.2016. Appointments were offered to 284 candidates after final scrutiny of the two lists by removing those roll numbers found duplicated in both the lists and the selectees/beneficiaries joined the post of Supervisors on 08.02.2016.

(3.) Before proceeding further, it would be apposite to notice that all the aforesaid writ petitions were filed after appointments had been made to the 284 in-service Anganwadi Workers. Such appointment orders are neither assailed in this batch of writ petitions nor the 284 appointees are impleaded as party respondents, save and except in WP(C) 848/2016, where 4(four) selected candidates have been made parties, allegedly in representative capacity.