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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Rekha Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition challenges income certificate cancellation in anganwadi selection. (Para 1 , 2 , 3 , 4) |
| 2. authority cancels certificate citing houses, shop, motorcycle ownership. (Para 5) |
| 3. petitioner explains assets via grant, health issues, no rent. (Para 6) |
| 4. writ court cannot re-appreciate factual enquiry findings. (Para 7) |
| 5. assets incompatible with declared family income under rs.35,000. (Para 8 , 9 , 10 , 11 , 12) |
| 6. cancellation upheld; writ petition dismissed. (Para 13) |
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 merito
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.
Eligibility criteria for appointment must be strictly adhered to; membership in a joint family does not disqualify a candidate if income limits are met.
The mandatory procedure for separation of families as per the Himachal Pradesh Panchayati Raj (General) Rules, 1997, should be followed, and equity considerations are not applicable in a case of clea....
The court upheld the validity of the income certificate issued for the appointment of an Anganwari Worker, emphasizing that disputed factual matters cannot be revisited in judicial review.
Validity certificates for backward caste eligibility must consider only parental income, rejecting spousal income based on established legal precedents.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
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