WP(C) 634/2010 BEFORE THE HON BLE MR. JUSTICE T VAIPHEI Heard Mr. K.D. Chetri, learned counsel for the petitioners and Ms. P. Chakrabort y, learned counsel for the State respondents. There is no dispute at the Bar that this case can be decided in accordan ce with the decision of this Court dated 11.5.2011 in WP(C) No. 215/2010. The co ntroversy arose over the appointment of the Anganwadi Workers and Anganwadi Help ers. No representation from the private respondents. According to the petitioner s, they are the local residents under Ghograpar Police Station in the district o f Nalbari and applied for the posts of Anganwadi Worker and Anganwadi Helper in response to the advertisement dated 8.9.09 issued from the Office of the Barigog , Banbhag ICDS (Integrated Child Development Scheme) Project, Nalbari, Assam. Th ey appeared for the oral interview before the Chairman and Member Secretary of t he Selection Committee for Anganwadi Workers and Anganwadi Helpers against the A nganwadi centre wise to which they belong as local candidates. On the publicatio n of the select list on 28.11.09 in respect of these posts at Nalbari, they foun d that they were not been selected for the posts even though they are local cand idates and instead non-local candidates, whose names appeared at serial Nos. 9,1 4, 25,26,27 and 29 of the selection list, were selected. Aggrieved by the non-se lection, the petitioners submitted a representation to the Deputy Commissioner, Nalbari and also to the Director of Social Welfare, Assam protesting the selecti on of non-local candidates in contravention of the advertisement dated 8.9.09 an d prayed for cancellation of the impugned select list in so far as the non-local candidates at serial Nos. 9,14,25,26,27 and 29 are concerned. A joint public re presentation was also submitted by the public of Barigog ICDS Project Area, Nalb ari before the Deputy Commissioner, Nalbari pointing out the anomalies in the im pugned select list and prayed for cancellation of the impugned select list. When the petitioners failed to get any response from the authorities this writ petit ion has been filed by the petitioners. The question which falls for consideration in this writ petition lies in a narro w compass, namely, whether the petitioners are local candidates or whether the c andidates at serial Nos. 9,14,25,26, 27 and 29, who are arrayed as respondent No s. 6 to 11 are non-local candidates. In my opinion, the writ petition will invol ve resolution of disputed questions of fact, for which this Court is ill-equippe d. Article 226 of the Constitution can be invoked only for enforcement of establ ished rights and not for establishing rights. Under the circumstances, the contr oversy is best left to be decided by the Director of Social Welfare, Assam in co nsultation with the concerned Deputy Commissioner of the District. In the result , this writ petition is disposed of by directing:- 1) The petitioners will submit fresh representation separately or jointly to the Director of Social Welfare, Assam within one week from today; 2) On receipt of the representation(s) , the Director of Social Welfare, As sam in consultation with the concerned Deputy Commissioner of Nalbari will make verification through the jurisdictional Gaonburah/Ward member of the Gaon Panc hayat and/or the President/Secretary of the Gaon Panchayat; 3) In case the Centres fall within the BTAD Area, the exercise shall be und ertaken by the Council Head of the Social Welfare Department in consultation wit h the Jurisdictional Deputy Commissioner who in turn may consult the respective Village Level Development Council; 4) If any adverse findings are made against the private respondents in the verification process, they will be afforded reasonable opportunities of hearing before any action is taken against them; 5) The result of the exercise shall be communicated to the parties concerne d; 6) While carrying out the exercise, the respondent authorities shall take i nto account the relevant guidelines including the amendments therein for determ ination of the residential status of the petitioners and the selected candidates ; 7) The entire exercise shall be completed within 31.9.2011. The writ petition is disposed of.