WP(C) 2127/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner being aggrieved by the appointment of the respondent No.7 as Anganwadi Helper in 307 No. Jhargaon Anganwadi Centre under Mayong ICDS Proj ect in the district of Morigaon is before this Court seeking annulment thereof. Though notice of the instant proceeding had been duly served on the respondent N o.7, she has neither entered appearance nor has arranged for her representation. I have heard Mr Z Hussain, learned counsel for the petitioner and Ms P C hakraborty, learned Standing Counsel, Social Welfare Department, Govt. of Assam. Mr BJ Ghosh, learned State counsel is also heard. The pleaded version of the petitioner is that she along with others had responded to the advertisement dated 19.9.2009 published by the Child Developmen t Project Officer, Mayong ICDS Project seeking candidature for the post of Angan wadi Helper in the aforenamed Anganwadi Centre. She thereafter along with other candidates including the respondent No.7 appeared in the interview and on the ba sis of the select list that was published on 24.12.2009, the respondent No.7 was selected for the post. The petitioner was placed at serial No.2 in terms of her performance after the respondent No.2. She having subsequent thereto come to le arn that this respondent was over-aged in terms of the advertisement and thus wa s disqualified to participate in the process, submitted several representations before the concerned authorities. As nothing has been forthcoming, she is before this Court seeking redress. The respondent No.5 in his affidavit-in-opposition in substance has plea ded that the appointment of the respondent No.7 had been on the basis of her per formance. Vis-à-vis the allegation of over-age, the respondent has contended tha t in terms of the age certificate submitted by her issued by the Headmaster of M onoha Govt. Aided ME School on 21.4.87 she was aged 17 years 11 months 0 days on 1.3.86. According to the respondent, therefore, she was within the qualifying a ge in terms of the advertisement. The respondent No.6, Headmaster of Manaha High School in his individual affidavi t, however, has alleged mutilations/ deletions and overwriting in the age certif icate produced by the respondent No.7 in support of her candidature. According t o this respondent, the original certificate from which this document had been pr epared was issued on 21.4.84 which mentioned her age to be 17 years 11 months 0 days as on 1.3.80. The deponent further clarified that the certificate against serial No. 14 and issue No. MHS 3/36/84/40 dated 21.4.84 had been issued to the respondent No.7 who had appeared in the HSLC Examination of 1980 as an instituti onal private candidate under Roll C-32 No. 295 as a student of Burabari High Sch ool. He further clarified that in terms of the records of this school the date o f birth of the respondent No.7 had been recorded to be 1.4.62. It is apparent from the records that the age of a candidate in terms of the adve rtisement dated 19.9.2009 to be eligible has to be within the range of 18 to 44 years as on 1.1.2009. A plain comparison of the certificates appended as Annexure- D-4 to the writ pet ition; Annexure-I and Annexure-2(A) (statement of candidates appearing in the HS LC Examination, 1980 from Burabari High School) and Annexure-3 (Transfer Certifi cate dated 23.2.2010) to the affidavit-in-opposition of the respondent No.6 woul d demonstratively establish the correctness of the allegation levelled by the pe titioner about the over age of the respondent No.7 at the time of submission of her candidature for the post involved. As noticed hereinabove, this respondent has not entered appearance to resist the instant petition. On a cumulative consideration as above, this Court is of the unhesitant opinion that in terms of the advertisement dated 19.9.2009, the respondent No.7 at all r elevant times was ineligible to participate in the process and contend for the p ost of Anganwadi Helper in the concerned Anganwadi Centre. This petition is, thus, allowed. The appointment of the respondent No.7 as Angan wadi Helper in 307 No. Jhargaon Anganwadi Centre is hereby cancelled. The respon dents would do the needful as a consequence of this determination. No costs.