WP(C) 4005/2009 BEFORE HON’BLE MR JUSTICE T VAIPHEI Heard Mr MA Sheikh, the learned counsel for the petitioners and Ms P Chakraborty , the learned standing counsel, Social Welfare Department. The petitioners are aggrieved by the exclusion of their villages for Ang anwadi Centres and pray for cancelling the advertisement dated 07.09.2009 and fo r ordering survey of villages under Dudnoi ICDS Project and to include their vil lages after completion of survey. The facts materials for disposal of this writ petition are that the village of the petitioners No.1 & 2 is falling under the t erritorial area of Dhupdhara Gaon Panchayat while the village of the petitioners No.3, 4 & 5 fall within the territorial area of Kotthakuthi Gaon Panchayat. Acc ording to the petitioner, there are already some Anganwadi Centres functioning i n some Gaon Panchayat areas of Dudnoi ICDS Project. The project area in question is backward from the point of view of road communication, child literacy. Out o f 17 Gaon Panchayats, 13 Gaon Panchayats are having more than 40% tribal populat ion and some of the tribal dominated Gaon Panchayats have got about 70% tribal p opulation. Considering these aspects, the Govt. of Assam in the Social Welfare D epartment decided to allot some additional Anganwadi Centres in the project area s. Towards this end, two lists of additional Anganwadi Centres totalling 198 wer e allotted to the project areas out of which one list consisted of 98 additional Anganwadi Centres and another list consists of 100 Anganwadi Centres. The respo ndent No.3 thereafter issued the advertisement dated 07.09.2009 inviting applica tion for filling up additional 198 posts of Anganwadi Workers and 198 posts of A nganwadi Helpers. For the sake of convenience, 98 additional Anganwadi Centres w ill be referred as list-I while other list containing 100 additional Anganwadi C entres will be referred as List-II. The case of the petitioner is that there are arbitrary, unfair and unequal distributions of Anganwadi Centres in various Gao n Panchayats. It is also the case of the petitioners that for allotment of Angan wadi Centres, it is necessary to make proper survey of the villages under the pr oject area on need basis taking into consideration the various factors, namely, communication, literacy, child literacy, population, economic condition and mode of living of the villagers etc. But the impugned allotment lists were prepared without proper survey conducted by the respondents on need basis and the allotme nt lists were prepared on the basis of information gathered by them from some in terested quarters without taking into consideration the ground realities. If the impugned allotment of Anganwadi Centres, according to the petitioners, are allo wed to be executed then there will be exclusion of the genuine villages from the services of the Anganwadi Centres. Deserving unemployed female youths will be d eprived of public employment: there will be misused of public funds due to over lapping of Anganwadi centres; there is a danger of more than one person getting employment from the same area as Anganwadi Worker as well as Anganwadi Helper. T his is how the writ petition came to be filed. Mr MA Sheikh, the learned counsel for the petitioners drawing my attenti on to paragraph 14 of the affidavit-in-opposition filed by the State respondents receptive to the idea of submission of application by the petitioners for sanct ioning additional Anganwadi Centres by the petitioners under the scheme, he has no objection if the writ petition is disposed of on the basis of the statement s o made. The case of the answering respondents is that the State Govt., in order to extend the services of the Integrated Child Development Services into the unc overed rural areas as well as slum areas and urban areas of the State of Assam m ade a public notice on 08.08.2007 which was published on 11.08.2007 in an Assame se Daily (Dainik Batori) and The Assam Tribune asking to submit proposal with th e signature of minimum of 15 Nos. of parents/guardians of the area which have at least 40 children. After publication of the Public Notice, many application wer e received from the public and after due verification, proposals have been submi tted to the State Govt. through the Department and to the Govt. of India for san ction of the same. On the basis of those proposals, 198 additional Anganwadi Cen tres have been sanctioned by the Govt. of India in the third phase of expansion. It is categorically mentioned by the answering respondents that the petitioners did not make any application/demand or submitted any proposal for sanction of a n additional Anganwadi centres for that area. In my opinion, on the basis of the statement made by the answering respo ndents in paragraph 14 of the writ petition, the writ petition does not survive for consideration on merit at this stage. The petitioners, if they feel that they are really deserve the Anganwadi Centres, directed to submit a demand/application for additional Anganwadi centr es under the scheme of Anganwadi Centre on demand to the respondent No.3 withi n two weeks’ from today. The State respondents shall thereafter consider their d emand/application in accordance with the policy decision of the State Govt. with in a period of two moths from the date of receipt of the demand made by the peti tioners. The writ petition stands disposed with the above terms.