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MOKSHA KHAJURIA KAZMI
Tasleema Jan – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Moksha Khajuria Kazmi, J.
These two writ petitions pertain to and raise a similar dispute for adjudication, both are taken up together for disposal, therefore, this judgment shall govern both.
2. In terms of advertisement notice no. DIPK-1457 dated 17.05.2008, applications were invited from the eligible female candidates for engagement of Anganwadi Workers on honorarium basis for Anganwadi Centre in the Panch wards of ICDS Project Anantnag. The petitioners’ of both the writ petitions applied for Anganwadi Centre Ward-13 along with all other eligible candidates. The selection process for the said post culminated into appointment of Mehjabeena Akhter, vide order No. 13 CDPOA of 2008 dated 18.08.2008.
3. The appointment of said Mehjabeena Akhter, however, upon being complained about by one of the competing candidates, Roomi Akhter, on the ground of eligibility, was cancelled for not being the resident of ward no. 13, and, accordingly, she was disengaged from services by the official respondents.
4. Aggrieved of the cancellation of her appointment, Mehjabeena Akhter challenged the same by way of a writ petition bearing SWP No. 366/2012. The writ petition, however, came to be dism
The central legal point established in the judgment is the importance of considering merit and suitability for appointments, and the court's authority to quash an engagement order and direct the issu....
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....
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
The court upheld the Deputy Commissioner's decision regarding the engagement of Anganwadi Workers based on merit and residency verification, confirming that procedural compliance was met.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Point of Law : Anganwadi worker - Appellate Authority has not referred to even a single document or material that would even prima facie suggest that the petitioner was not residing in Mukdam Mohalla....
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
The main legal point established in the judgment is the importance of exhausting alternative remedies before invoking extraordinary writ jurisdiction and the significance of documentary evidence in d....
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