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MOHAN LAL
Reva Rani – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. Petitioner has invoked the jurisdiction of this Court in terms of Article 226 of the Constitution of India r/w Section 103 of the Constitution of the Jammu & Kashmir for the issuance of writ of (i) Certiorari, to quash the order of Child Development Project Officer, ICDS Project Samba (respondent No. 4) No. CDPS/1101-03106, dated 20.04.2006 whereby respondent No. 5 has been engaged as an Anganwari Worker, Anganwari Centre Ward No. 3, Samba; (ii) Mandamus, directing the concerned respondents to engage the petitioner as such Anganwari Worker at the said Centre instead; and further directing an action against the concerned for the fraud and misrepresentation committed by respondent No. 5 in holding out as a resident of Ward No. 3, which to her knowledge was not a fact and securing a permanent resident certificate in her favour on that false representation and by other concerned in the acceptance of the same without verification or deliberately causing a lot of hardship, inconvenience, harassment and loss in terms of money and time to the petitioner and compensation to her.
2. In the petition, petitioner has averred that she being citizen of India and permanent resident of
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.
The main legal point established in the judgment is the application of natural justice principles, specifically the rule that 'no man shall be a judge of his own cause' and 'no man can be at once sui....
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 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....
The main legal point established in the judgment is the validity of the selection and engagement of Anganwari Workers based on the residency and selection criteria outlined in the advertisement notic....
Submitted residency documents like Ration Card, Aadhaar suffice if genuine; post-appointment hearsay inquiry without cogent proof cannot override them to disqualify appointee.
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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