Usha Mondal & Ors vs State Of W.B. & Ors

Rajasekhar Mantha, J

This writ petition has been has been filed challenging the order dated 25.10.2011 passed by the B.D.O. concerned giving detailed reasons as to why the process of selection for Anganwari Workers in Bagdah Development Block under Bagdah ICDS Project was held in the year 2019 vide order dated 14.09.2009 was scrapped and cancelled by the said B.D.O.

It is submitted that the order in question has been annexed to the supplementary affidavit pursuant to the leave granted by a Division Bench of this Court in order dated 09.10.2012 passed in MAT 1175/2012.

By reason of the aforesaid order passed by the Division Bench, the original order dated 27.06.2012 dismissing the writ application, was set aside and the matter was remanded back fo hearing. The hearing is taken up today.

After hearing the writ petitioner and the State and after scrutinizing the impugned order dated 25.10.2019, this court finds no reason to interfere with the said order.

The said B.D.O. of the Bagdah Development Block found diverse infirmities, viz. 6 several infirmities in the process of advertisement for recruitment of Anganwari Helpers. Such infirmities are set out in the second page of the impugned order.

The Panel that emerged was pursuant to such infirm and improper selection process and the advertisement, is thus also rendered illegal. The local M.L.A. also did not sign or authenticate the resolution finalising the Panel in question.

It is well settled that a selection process is to be conducted strictly in accordance with law and the rules prescribed therefor. Admittedly, in the instant case, the rules as stipulated by the Joint Secretary of the Department of Women and Child Development dated 25.01.2006 have been completely flouted. The selection process must therefore fail and the Panel was rightfully rejected.

The learned counsel appearing on behalf of the State submits that the consequence of the pendency of the writ application subsequent to the selection process initiated in the year 2013 also came to be stayed despite the fact that the selection process was completed and the Panel was accordingly prepared.

This court notes that about 7 years have elapsed from the second selection process initiated in November, 2013.

A large number of persons may or may not be interested in continuing to work in the post of such Helper.

In such circumstances, this court directs the concerned Authorities to also cancel the selection process held in the year 2013 for selection of Anganwari Helpers to the Bagdah Development Block.

A fresh selection process shall be initiated by the concerned authorities within a period of three months from date. All guidelines and rules and Circulars applicable thereto shall be strictly followed right from the advertisement process to the entire selection process and entitlement.

The petitioners and those persons who participated in the selection process in 2013 shall be entitled to participate in the fresh selection process, if they are otherwise entitled to.

In view of the above observations, the instant writ petition is disposed of without any further order than already passed hereinabove.

In view of the above, all the related CAN applications being CAN 3787 of 2014, CAN 11935 of 2013 and CAN 9471 of 2015 are also disposed of.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.