WP(C) 5445/2009 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Mr. A.F.N.U. Mollah, learned counsel for the petitioner as well as Mr. D. Nandi, learned counsel for the private respondent No.6. Also heard Mr. J . Singh, learned standing counsel, Social Welfare Department for the respondent Nos. 1,2, 3 & 4. None appears for the respondent No. 5. The learned counsel for the parties are agreed that the instant pe tition can be disposed of in terms of the directions passed by an order dated 1 1.5.2011 in W.P.(C) No. 215/2010 and other connected matters. Pursuant to an advertisement dated 5.9.2009 inviting applications for filling up of the post of Anganwadi Worker, the petitioner as well the priva te respondent No. 6, alongwith others, had submitted their candidatures for Ashu dubi Musalmanpara Anganwadi Centre for the post of Anganwadi Worker. Ashudubi Mu salmanpara Anganwadi Centre falls under the Krishnai Balijana ICDS Project. The interview was held on 8.10.09 and the respondent No. 6 was selected for the afo resaid centre and the select list in question was published on 1.12.09. The dispute in the instant case revolves around the controversy as to whether the respondent No. 6 is a local woman residing in the same village wh ere the Anganwadi Centre is located. While the writ petitioner states that the respondent No. 6 is a resident of Ashu dubi Bengalipara, which is different from Ashudubi Musalmanpara, the learned cou nsel for the respondent No. 6 contends that the respondent No. 6 is a resident o f Ashudubi Musalmanpara which is also known as Ashudubi and that there is no bif urcation of village Ashudubi under the name of Ashudubi Musalmanpara or Asudubi Bengalipara. The departmental stand is evidenced by the affidavit of the Child D evelopment Project Officer, Krishnai Balijana ICDS Project, which is also somewh at inconsistent. While in paragraph 6 of the aforesaid affidavit, averments have been made that the respondent No. 6 is a resident of Ashudubi Bengalipara which does not fall under Ashudubi Musalmanpara Anganwadi Centre, in paragraph 10 of the affidavit, it has also been indicated that the selection of the respondent N o. 6 was made after complying with the directions and guidelines issued by the G overnment. In view of the aforesaid contentions raised by the parties and as has b een agreed to by the learned counsel for the parties, it is considered appropria te that the directions contained in the order dated 11.5.2011 in WP(C) 215/2010 alongwith other batch of writ petitions should also govern this case. Accordingl y, this writ petition is disposed of with the following directions : 1) In the event of making any representation by the writ petitioner to the Director of Social Welfare, Assam, furnishing the details of the allegati on relating to the residential status of the private respondent No. 6 within 15. 11.11, the Director of Social Welfare, Assam shall examine the claim of the peti tioner in consultation with the jurisdictional Deputy Commissioner, who would ma ke necessary verification etc,. through the jurisdictional Gaonbura, Ward member of the Gaon Panchayat and /or the President/Secretary of the Gaon Panchayat. 2) While carrying out the aforesaid exercise, the authorities will also find ou t as to whether the petitioner also conforms to the requirement of being a resid ent of the area where the Anganwadi Centre is located. 3) In the event of coming to any adverse finding with regard to residential st atus of the private respondent No. 6 or the writ petitioner being not in conform ity with the requirement of the guidelines, they may be provided with reasonable opportunity of being heard before the adverse findings are translated into acti on by appropriate orders passed in accordance with law. 4) While carrying out this exercise, the authorities shall take into account th e guidelines dated 31.8.07 including amendment thereof, if any, which were effec ted prior to the issuance of the advertisement dated 5.9.2009. The authorities w ill complete the entire exercise on or before 31.1.2012. The decision arrived at by the Director of Social Welfare, Assam shall be communicated to the parties. A copy of this order be furnished to Mr. J. Singh, learned standing coun sel, Social Welfare Department. The writ petition stands disposed of in terms of the above directions.