Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.

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 particularly in rural areas has created various posts such as Anganwadi Sevika, Mini Anganwadi Sevika to promote education and child development. These posts are filled on an honorarium basis. Under the schemes projects are undertaken by the Zilla Parishad through Child Development Project Officers.

4.2. The scheme is implemented in the State through different projects. Some projects are meant for the rural and Adiwasi areas and some projects are for urban areas within the State. Since after issuance of Government Resolution dated 09.02.2005, the State Government has improved the schemes and its implementation by issuing various Government Resolutions from time to time.

4.3. The relevant Government Resolution modifying and setting the service conditions of the employees of Anganwadi is framed vide Government Resolution dated 13.08.2014. The said Government Resolution prescribes the qualifications required for such appointments and identifies the authorities responsible for recruitment, as well as for raising the grievance arising from the selection procedure. The said Government Resolution is a part of the present Writ Petition paper book at page no.63.

4.4. An advertisement was published on 27.07.2022 by respondent no.2 for filling up one post of Anganwadi Sevika/Helper at the Anganwadi Center, Padoshi, located at village Padoshi, Tq. Akole, District Ahilyanagar. A number of candidates including the petitioner participated in the selection process. It is pertinent to note that clause no.4(2) of the advertisement required that the candidate must be a resident of the village in which the subject matter Anganwadi center is located. In order to prove the residence, a candidate was required to submit a certificate issued by the concerned Gram Sevak alongwith a self declaration certificate to that effect. Additionally, a copy of Aadhaar Card/EPIC Card/Ration Card was also required to be submitted.

4.5. The petitioner possessed a Ration Card pertaining to village Padoshi wherein her name is incorporated. It is not in dispute that this Ration Card was issued prior to the date of the subject matter/advertisement. Copy of the Ration Card is at page no.27 of the paper book. The petitioner also submitted a copy of her Aadhaar Card bearing No.3742 3829 2686. Suffice to note that the address of the petitioner is also shown at Padoshi, Tq. Akole, Dist. Ahmednagar. The Aadhar Card is issued on 17.01.2014. EPIC card of the Petitioner also showed her address at Padoshi.

4.6. It appears that after due selection procedure, the select list was prepared by the concerned selection committee and the petitioner was shown at serial no.1 on merits. Accordingly, the Petitioner came to be appointed on the subject matter post.

4.7. Mr. S. V. Suryawanshi, learned Counsel for the petitioner