Champabati Mahato vs State Of West Bengal & Ors

By an advertisement published on November 12, 2009 a process was initiated for recruitment of Angwanwadi Helpers in several gram panchayats under Joypur Integrated Child Development Scheme Project, Purulia. Such recruitment was sought to be made in Ropo Gram Panchayat (14 vacancies), Ghagra Gram Panchayat (08 vacancies), Sidhi Gram Panchayat (11 vacancies), Joypur Gram Panchayat (07 vacancies), Mukundapur (09 vacancies), Uparkahan Gram Panchayat (06 vacancies) and Baragram Gram Panchayat (06 vacancies).

The guidelines for recruitment are contained in a memorandum dated January 25, 2006 issued by the Department of Women & Child Development and Social Welfare, Government of West Bengal. The procedure for selection, as laid down in such memorandum, is quoted below:

"9. Procedure for Selection of Anganwadi Helpers:

Anganwadi Helpers should be selected through the following procedures:-

I. Total Marks- 50

II. Division of Marks

a) To read in the mother tongue -15 marks (Class IV standard text book from the Primary School syllabus)

b) To write a few simple words in mother tongue - 15 marks (Class IV standard text book from the Primary School syllabus)

c) Knowledge of work (viva-voce test)-20 marks

d) All these tests will be taken up during the viva-voce by the Selection Committee i.e. in the Interview Board."

Insofar as constitution of the selection committee is concerned, the memorandum provides that the same selection committee, which is required to select Anganwadi Workers, would select Anganwadi Helpers. The selection committee would be chaired by the incumbent Sub-Divisional Officer of the relevant sub-division and in his absence by the local Member of the Legislative Assembly (hereafter the 'MLA'). However, if such member is a minister, he shall be the Chairman of the selection committee.

In the memorandum, the relevant clause relating to preparation of panel is found in paragraph 12 reading as follows:

Preparation of the Panel:

After completion of the test as indicated at para 9(d), CDPOs will prepare the panel and submit it to the Selection Committee for its approval.

I. If panels are not approved by the Selection Committee in any ICDS Project within 30 days from the last date of viva-voce test such panels prepared by the CDPOs should be sent to the Government in the Department of Women & Child Development and Social Welfare under an intimation to the Director of Social Welfare and the District Magistrate in respect of ICDS Projects other than Kolkata ICDS Projects. In case of Kolkata ICDS Projects CDPOs will submit such panels to the Government in the Department of Women & Child Development and Social Welfare under an intimation to the Director of Social Welfare, West Bengal. The Department after scrutiny of the panel will accord approval. This is also applicable to both newly sanctioned ICDS Projects/Additional Anganwadi Centres as well as existing ICDS Projects."

Nearly 61 (sixty-one) aspirants were ultimately selected for appointment as Anganwadi Helpers in the aforesaid gram panchayats. Surprisingly, all were awarded 50 out of 50 marks by the MLA as well as by the member of the Social Welfare Board (who were members of the selection committee) in the test(s) and viva voce that were conducted. This rather unusual and unprecedented pattern of marking leads to a strong suspicion that the entire process smacked of want of bona fides.

Be that as it may, the panels that were prepared, did not have the approval of the selection committee. From the records that Mr. Mukherjee, learned Additional Government Pleader appearing for the State respondents has produced before us, it appears that the relevant department was moved seeking instructions but no such instructions were received by the Child Development Project Officer of the ICDS Project.

Champabati Mahato, an aspirant for appointment on the post of Anganwadi Helper in Baragram Gram Panchayat had moved a writ petition before this Court [W.P. 680(W) of 2016]. Hon'ble Samapti Chatterjee, J. by an order dated April 05, 2017 disposed of the writ petition with a direction upon the "concerned authority to publish the panel prepared on the basis of the advertisement dated 12th November, 2009 for the post of Anganwadi Helper in accordance with law within four weeks from the date of communication of this order." (underlining by us for emphasis).

The Child Development Project Officer by a memo dated July 06, 2017 proceeded to publish the panel for the post of Anganwadi Helper in compliance with the aforesaid order dated April 05, 2017 hedged with a rider that the "panel is not approved by the Project Level Selection Committee, Joypur ICDS Project, Purulia". (underlining by us for emphasis).

It was after publication of the panels that three ladies, who are residents of Ropo, Ghagra and Sidhi Gram Panchayats and were aspirants for the post of Anganwadi Helper in such panchayats invoked the writ jurisdiction of this Court challenging the validity and/or propriety of the panels that were published. Shibani Mahato (hailing from Ghagra Gram Panchayat), Kabita Poddar (Majhi) (hailing from Sidhi Gram Panchayat) and Chapala Gope (hailing from Ropo Gram Panchayat) had presented W.P. 19730(W) of 2017, W.P. 129728(W) of 2017 and W.P.18200(W) of 2017, respectively, before this Court.

All these writ petitions were considered and disposed of by Hon'ble Samapti Chatterjee, J. by recording separate orders dated August 01, 2017. Having considered that all the selected candidates had been awarded 50 out of 50 marks by the MLA and the member of the Social Welfare Board, Her Ladyship was of the view that the process suffered from an incurable infirmity having the effect of vitiating it; therefore, Her Ladyship proceeded to set aside the panels and directed fresh selection process to be commenced for filling up the vacant posts, within a month from date, with the same set of candidates.

Champabati Mahato was not a party to any of the writ petitions. Perceiving that setting aside of the panels prepared by the selection committee for filling up vacancies in Ropo, Ghagra and Sidhi Gram Panchayats would result in cancellation of the panel published for Baragram Gram Panchayat, she has presented separate appeals against the orders dated August 01, 2017 disposing of the writ petitions, referred to above, and has also sought for leave to appeal alongwith prayers for condonation of delay and stay of operation of the orders under challenge.

Leave, as prayed for, is granted.

In course of consideration of the applications for leave to appeal, we have been informed by Mr. Mukherjee that till date the State Government in the relevant department has not yet approved the panels which were not under challenge before Her Ladyship. Our attention has further been drawn by him to the fact that although the incumbent Sub-Divisional Officer was required to be included as a Chairman of the selection committee, the said officer was not so included and in his place, the incumbent Block Development Officer acted as a member of the selection committee. Mr. Mukherjee has also informed us that awarding of 50 out of 50 marks by the MLA and the member of the Social Welfare Board to the selected candidates is a very unusual occurrence casting a doubt on the bona fides of such members of the selection committee.

From the panels, it was shown to us that while candidates who were awarded 50 out of 50 marks by the MLA and the member of the Social Welfare Board, the Sabhapati of the relevant Panchayat Samity under whose jurisdiction the gram panchayats are located, awarded very low marks and that the difference in marking is so strikingly at variance that conducting a fresh process of selection, giving equal opportunity to all the candidates, would be the best course open to subserve justice.

The arguments advanced by Mr. Mukherjee are fair and reasonable.

Even otherwise, we find that the selection process was conducted some time in the early part of 2010 and even after nine years, the relevant department in the State Government is yet to accord approval to the surviving panels. In such view of the matter, we accept Mr. Mukherjee's proposal and direct that the process earlier initiated shall resume from the stage of assessment of the candidates, who had offered their candidature pursuant to the advertisement dated November 12, 2009.

The selection committee must be constituted in terms of the provisions contained in the memorandum dated January 25, 2006. Each of the candidates, who had appeared before the selection committee earlier shall be given opportunity to participate waiving their age bar, if any. Nothing would prevent the Government from inviting other candidates too, who may have attained qualifications in the meanwhile for participation in the selection process.

The entire process must be completed as early as possible but positively within four months from date of receipt of a copy of this order.

Insofar as Chmpabati Mahato is concerned, no relief can be granted to her at this stage since the panel in which her name figured has not yet been approved by the Government. No right has, therefore, accrued in her favour. Even if empanelled, she may not have had an indefeasible right to be appointed. The process of selection, to our mind, left a lot to be desired. However, we appreciate her role in bringing to the fore the malaise that struck the selection process.

With the aforesaid directions/observations, the appeals as well as all the connected applications shall stand disposed of, without any order for costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.

Photocopy of this order, duly countersigned by the Assistant Court Officer shall be retained with the records of all the appeals barring M.A.T. 1573 of 2017.