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HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
Aasia Jan – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. By this common order, the above numbered two writ petitions filed by petitioner Aasia Jan are proposed to be disposed of.
2. The petitioner was engaged as Anganwadi Worker in Anganwadi Centre at Lalgam (Manzipora) vide order dated CDPO/T/Estt/2015/714-15 dated 23.03.2015. By asserting that the respondent No.4 i.e. Child Development Project Officer, ICDS Project, Tral Pulwama, has entertained the objections in respect of tentative selection list issued by the official respondents, the petitioner has filed writ petition bearing WP(C) No.3108/2019, praying therein that the respondents be directed to allow the petitioner to work on the position of Anganwadi Worker engaged in terms of order dated 23.03.2015.
3. In the aforesaid writ petition, the official respondents have filed their response stating therein that one post of Anganwadi Worker was sanctioned by the Government for its establishment in Manzimpora Lalgam during the expansion program 2014-15 and the said post was advertised on 25.08.2014 through print media and in response thereto, eight applications were received and Sarpanch of the area certified that the candidates belong to Lalgam Manzimpora. One candidate-Tahi
The engagement of Anganwadi Workers must adhere to residential criteria as per the governing regulations, and procedural fairness must be maintained in selection processes.
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....
The court affirmed the importance of residency claims in Anganwadi Worker appointments, upholding the ADM's findings based on survey evidence.
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.
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.
Local residency requirements that create artificial discrimination violate the right to equality under Articles 14 and 16(2) of the Constitution of India.
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.
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.
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