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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
ASHA BANO – Appellant
Versus
UNION TERRITORY OF J AND K AND OTHERS. (SOCIAL WELFARE DEPARTMENT) – Respondent
ORDER :
1. The petitioner has challenged order 25.01.2023 passed by the Divisional Commissioner, Kashmir, whereby her revision petition against order dated 25.10.2022 passed by the Deputy Commissioner, Kupwara, has been dismissed. Challenge has also been thrown to order dated 30.11.2022 issued by respondent No.6, whereby engagement of the petitioner as Anganwadi Worker for Anganwadi Centre Lone/Mir Mohalla Rednag, has been terminated and in her place respondent No.8 has been engaged as Anganwadi Worker for the said Centre.
2. The facts emanating from the pleadings of the parties are that an advertisement notice dated 06.10.2015 came to be issued by respondent No.7, whereby applications were invited from the eligible candidates for engagement of Anganwadi Workers for Anganwadi Centre sanctioned and located at Lone/Mir Mohalla of Revenue Village Rednag Kupwara. It appears that the petitioner as well as respondent No.8 participated in the selection process. A total of ten candidates were found to be the actual residents of Lone/Mir Mohalla Rednag while six candidates were found to be the residents of different locations. On 10.01.2017, interview of ten candidates, who were residents of
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.
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....
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
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 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....
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
The court ruled that residency status is critical for eligibility as Anganwadi workers, reaffirming administrative decisions based on statutory qualifications must adhere to principles of fairness.
The main legal point established in the judgment is that the engagement of the petitioner as the 2nd meritorious candidate was justified and legal, as there was no provision barring such engagement w....
The court reinforced that administrative decisions regarding the appointment of Anganwadi Workers must be substantiated by clear evidence of residency, emphasizing the necessity for valid inquiries a....
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