WP(C) 448/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA These batch of writ petitions pertaining to selection and appointment of Anganwadi Workers and Helpers. The grievance raised in these writ petitions and the relief sought for being one and the same, have been taken up for analogous hearing. The common grievance in all the writ petitions is that the private respondents involved in the writ petitions who have been selection and appointed as Anganwad i Workers and Helpers being not the residents of the jurisdictional Aanganwadi c entres, could not have been offered candidatures and consequently could not have been selected and appointed. In this connection, the petitioners have referred to the guidelines framed and circulated by the Govt. of Assam in the Social Welf are Department in terms of which the candidate for the post of Anganwadi Worker (AWW) and Anganwadi Helper (AWH) shall be a local woman residing in the same are a where the Anganwadi Centre is located. This is, apart from the other conditio ns stipulated in the said guidelines. In tune with the said guidelines in the related advertisement inviting a pplications for the assignment of AWW and AWH it was specified that the candida tes must be inhabitants of the Anganwadi centre/ Ward. According to the petitioners involved in these batch of writ petitions, the private respondents who have been selected and appointed are not the residen ts of the area relating to the Anganwadi centre. As per the guidelines, the resi dential proof should be certified by the respective Gaonburha/ Ward member of th e Gaon Panchayat and/or Secretary/President of the Gaon Panchayat of their local jurisdiction. In some of the writ petitions although the private respondents ha ve placed reliance on the certificates purportedly issued by the Gaonburha/ Ward Member of the Gaon Panchayat and/or Secretary/President of the Gaon Panchayat s o as to prove their residential status within the Anganwadi area, but the petiti oners have disputed the same. According to the petitioners, such certificates a re being issued on approach being made without any cross verification. Thus, it is the grievance of the petitioners that if the authorities had followed the afo resaid guidelines, the private respondents could not have offered their candidat ures and consequently would also not have been selected and appointed. On the other hand, the stand of the private respondents who have been se lected and appointed as AWW and AWH pursuant to the selection in question is tha t the allegations made in the writ petitions disputing their residential status are all baseless and ill motivated. Another plea taken is that in fact, some o f the petitioners are not local residents of the area of the Anganwadi centres. Above being the disputed question of fact regarding conforming to the r equirement of being a resident of the specific local area of the Anganwadi centr e, this Court exercising its jurisdiction under Article 226 of the Constitution of India cannot resolve the same by taking recourse to thorough enquiry taking e vidence etc. Learned counsel for the parties submit that having regard to the nature of the grievance raised, it will be appropriate to issue a direction to the Dire ctor of Social Welfare, Assam to look into the grievance of the petitioners by w ay of determining as to whether the private respondents do conform to the requir ement of residential status in terms of the relevant guidelines. Since the task involved will be essentially a finding of fact as to whether the private respondents who have been selected and appointed are in fact local inhab itants of the area in which the Aganwadi centres are located, it may not be poss ible to decide the same without the assistance of the respective Deputy Commissi oners of the Districts. Although as per the guidelines, it is the jurisdicitiona l Gaonburha/ Ward member and/or President/ Secretary of the Gaon Panchayat who a re to certify the related residential proof of the candidates, but in view of th e allegations made in the writ petitions that such certificates are being issued without any cross verification, it will be appropriate for the jurisdictional D eputy Commissioners to adopt such a device as may be deemed fit and proper for g etting the correct information from the said authorities or any other authority towards ascertaining the true state of affair relating to the residential status of the private respondents, i.e. whether they conform to the requirement of bei ng an inhabitant/ resident of the area where the Anganwadi Centre is located. At this stage, Mr. K. Das, learned Standing counsel, BTC submits that th e task of ascertaining the residential status of the selected candidates involve d in these proceedings in respect of BTAD area may be entrusted to Council Head of Social Welfare Department who in turn shall do the needful in consultation w ith the jurisdictional Deputy Commissioners as directed above. He submits that in the BTAD area the certificates referred to above are issued by the President of the Village Level Development Council in their respective area. Since the task now to be undertaken by the Director of Social Welfare, A ssam and the Council Head of Social Welfare Department in BTAD area in terms of this order for determination of the residential status of the private respondent s in terms of the guidelines referred to above may entail adverse consequence to the private respondents or some of them, it will also be appropriate to hear th em before passing any adverse order. In view of the above, all the writ petitions are disposed of with the fo llowing directions: 1) In the event of making any representation furnishing the details of the alleg ations relating to the residential status of the private respondents by the peti tioners involved in these writ petitions within 27.05.2011, the Director of Soci al Welfare, Assam shall examine the claim of the petitioners in consultation wit h the jurisdictional Deputy Commissioners who in turn may make necessary verific ation etc. through the jurisdictional Gaonburah/Ward member of the Gaon Panchaya t and/or the President/ Secretary of the Gaon Panchayat. In so far as the BTAD a rea is concerned, this exercise shall be carried out by the Council Head of the Social Welfare Department in consultation with the jurisdictional Deputy Commis sioners who in turn may consult with the respective President of Village Level D evelopment Council. 2) While carrying out the aforesaid exercise, the said authorities may also find out as to whether the petitioners also conform to the requirement of being a re sident of the same area where the Anganwadi centre is located. This is in view o f the allegations of the private respondents in some of the writ petitions that in fact, it is the petitioners who are not the residents of concerned Anganwadi centres. 3) In the event of any adverse finding relating to residential status of the pri vate respondents not conforming to the requirement of the related guidelines, th ey may be provided with reasonable opportunity of being heard before the adverse findings are translated into action by appropriate measures in accordance with law. 4) The outcome of the entire exercise may be communicated to the parties involve d. 5) While carrying out the exercising the authority shall take into account the r elevant guidelines including the amendments therein towards determination of the residential status of the selected candidates and the petitioners. 6) The aforesaid exercise shall be carried out and completed as expeditiously as possible, but at any rate, not later than 31.08.2011. Let the copies of this order be furnished to Mr. B.K. Sarma, learned Sta nding counsel, SWD as well as Mr. K. Das, learned Standing counsel, BTC.