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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Suvarna, W/o. Popat Sable – Appellant
Versus
Chief Executive Officer, Women and Child Development Development – Respondent
| Table of Content |
|---|
| 1. procedural rules issued and hearing conducted. (Para 1 , 2) |
| 2. icds scheme regulated by government resolutions. (Para 3 , 4 , 5) |
| 3. local residency required; petitioner selected second. (Para 6 , 7 , 8) |
| 4. disqualification upheld on residency inquiry. (Para 9 , 10 , 11 , 12 , 13) |
| 5. documents sufficiently prove padoshi residency. (Para 14 , 15 , 16) |
| 6. inquiry and panchnama confirm sherewadi residence. (Para 17 , 18 , 19) |
| 7. one valid document suffices for residency proof. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 8. immediate appointment ordered; delay deprecated. (Para 28 , 29) |
JUDGMENT :
AJIT B. KADETHANKAR, J.
. Rule. Rule made returnable forthwith.
2. Heard finally with consent of Mr. S. V. Suryawanshi, learned Counsel for the petitioner, Mr. S. D. Ghayal, Addl. G.P. for respondent no.3 and Mr. A. D. Aghav, learned Counsel for respondent nos.1 and 2.
3. 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
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....
Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.
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....
Residency in the poshak kshetra is essential for the appointment of Anganwadi Sevika, and factual findings by inquiry officers are binding unless proven erroneous.
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.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
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.
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.
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