Under Article 226, writ courts do not re-appreciate disputed facts in income certificate cancellations; assets inconsistent with declared low family income justify upholding authority's findings.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-

“i) That in view of the above mentioned facts and circumstances, the order passed by L.d. Sub Divisional officer (Civil) Balh, Distt Mandi, H.P may kindly be quashed qua the petitioner and the present writ petition may kindly be allowed and the offer of appointment letter be issued in favour to the present petitioner being fully eligible and meritorious candidate in the merit list.

ii) That the respondents may kindly be directed to offer appointment to the present petitioner as Anganwari Centre at Ward No.1 Goda Gagal Tehsil. Balh, Distt. Mandi, H.P being fully eligible and meritorious.”

2. Facts necessary for the adjudication of this petition are that the petitioner applied for the post of Anganwari worker at Anganwari Centre, Ward No.1 Goda Gagal Tehsil Balh, District Mandi, H.P., for which interviews were conducted on 15.09.2020. The petitioner, respondent No.4 and proforma respondents applied for the same.

3. Feeling aggrieved by the selection of respondent No.4, petitioner filed an appeal against the Income Certificate of the Private respondents before Sub-Divisional Officer (Civil), Balh, District Mandi, H.P. Simultaneously, the private respondent No.4 also preferred an appeal against Income Certificate of the petitioner as well as the other candidates also. The appeal filed by Smt. Neha (respondent No.4) was decided by the Appellate Authority in terms of Annexure P-2, dated 30.09.2023, Authority held the Income Certificate of Smt. Sunita Rani, Smt. Madhurika and Smt. Promila and Smt. Rekha Devi to be bad in law and cancelled the same.

4. In the appeal preferred by the present petitioner alongwith other incumbents against Smt. Neha, the Income Certificate of Smt. Neha was also cancelled, based on the report of Tehsildar. Feeling aggrieved by cancellation of her Income Certificate, present petitioner, namely, Rekha Devi has filed this petition.

5. While cancelling the Income Certificate of the present petitioner, the following findings were returned by the Appellate Authority:-

“A) Income certificate of Smt. Rekha Kumari w/o Sh. Tek Chand

A detailed inquiry into the record produced by the appellant against Smt. Rekha Kumari revealed that she has two pucca makans and has also hired one shop for tailoring purpose for which she is duly paying rent as per report of Pradhan Gram Panchayat Goda Gagal. Moreover, her husband is owner of motorcycle HP33B6171. After going through all the evidences and documents, this court is of the opinion that it is not possible for a person having yearly income less than Rs 35000 to have all such assets. Hence, the income certificate No.INC2020911215648735 issued in favour of Smt. Rekha Kumari is hereby cancelled with immediate effect.”

6. Learned Counsel for the petitioner argued that said order is not sustainable in the eyes of law, as the Authority erred in not appreciating that the petitioner had no means of income and the Income Certificate which was issued in her favour as a genuine certificate. Learned Counsel also referred to the affidavit filed by the petitioner dated 15.03.2026, which though is not on record, but copy whereof has been provided for the perusal of the Court and by referring to the contents therein, learned Counsel submitted that the findings returned by the Appellate Authority were contrary to the ground reality. He submitted that the house constructed by the petitioner was un