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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Jyoti w/o Ravindra Sable – Appellant
Versus
Chief Executive Officer, Women and Child Development, Zilla Parishad, Ahmednagar, Taluka & District: Ahmednagar – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. Rule. Rule made returnable forthwith.
2. Heard for final disposal with consent of Mr. S. V. Suryawanshi, learned Counsel for the petitioner, Mr. S. D. Ghayal, Addl. G.P. for respondent no.3, Mr. A. D. Aghav, learned Counsel for respondent nos.1 and 2 and Mr. N. K. Chaudhari, learned Counsel for respondent no.4.
3 . Subject-matter :
Petitioner was appointed as Anganwadi Sevika at Padoshi village after due process corresponding to her topper position in the merit. Place of residence is the crucial condition for appointment on the subject-matter post. Petitioner qualified the crucial condition by producing requisite documents. Respondent No.4 complained that Petitioner was residing at Padoshi on rental basis since after issuance of advertisement. That, Petitioner’s son was studying in Anganwadi in the adjoining village. On the basis of such complaint, Petitioner came to be removed from the subject- matter post. As such, Petitioner’s removal is under challenge in this Writ Petition.
4 . Facts in brief:
4.1. Integrated Child Development Services Scheme is a benevolent scheme introduced by the Central Government. Under this scheme the State Government parti
Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.
Submission of Gram Sevak certificate, self-declaration, Aadhaar and Ration Cards suffices for residency proof in Anganwadi recruitment despite discrepant EPIC; disqualification on vague hearsay inqui....
The main legal point established in the judgment is the significance of the survey report and resident certificate in determining the residency of a candidate for selection, emphasizing the normal re....
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
Residency in the poshak kshetra is essential for the appointment of Anganwadi Sevika, and factual findings by inquiry officers are binding unless proven erroneous.
The court emphasized the right to livelihood under Article 21, affirming that administrative decisions must consider valid evidence and cannot disregard established facts that support eligibility.
The court emphasized that adherence to specific geographic eligibility criteria is essential for engagement under government schemes, and errors in defining service areas can invalidate selections.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
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