High Court · 2025

H o n ' b l e Ra k e sh Th a p l i y a l , J. 1. Mr. counsel for t he pet it ioner. 2. Hairiya, St anding Counsel for t he St at e. Pradeep Singh, Mr. lear ned lear ned By t he inst ant pet it ion, t he pet it ioner t he com m it t ee select ed is praying for t he following reliefs: - ( i) To issue a writ , order or direct ion in t he nat ure of cert ior ari calling t he r ecord of t he case and t o quash t he part of t he order dat ed 02.08.2019 ( Annexure No.1) passed by consist ing of respondent nos. 2 t o 6 deciding obj ect ions in r egard t o select ion of Aanganwadi Work er for t he year 2018- 19 wher eby aft er t he r ej ect ion of nam e of r espondent no.7 Sm t . Rit u Sharm a, r ecom m endat ion for fr esh select ion has been m ade, inst ead of appoint ing t he pet it ioner. ( ii) To issue a w rit , order or dir ect ion in t he nat ure of m andam us dir ect ing respondent nos. 2 t o 6 t o select and appoint t he pet it ioner as Aanganwadi Worker for Mat awala Bagh Cent er . 3. The brief fact s of t he case ar e t hat , t he pet it ioner was working as Aanganwadi Assist ant and t hereaft er, she part icipat ed in t he select ion pr ocess for appoint m ent t o t he post of “Aanganwadi worker ”, and she select ion was put on hold on t he ground t hat t he pet it ioner is not residing in a localit y nam ely “ Mat awala Bagh”. I t is argued t hat one of t he condit ion 4. for appoint m ent was t hat t he incum bent should be perm anent resident of village, Maj re By Annexure- 1 which t he m inut es of appellat e com m it t ee dat ed 02.08.2019, t he pet it ioner was t he select ion of subsequent ly cancelled since on an inquiry it was found t hat t he pet it ioner is not residing at “ Mat awala Bagh” and as such recom m endat ion was m ade for cancelling her select ion, and t o proceed wit h fresh select ion which t he pet it ioner was declared t o be select ed. in r espect of Tok, War d. subsequent ly t he vacancy ( ext ension) , supplied inform at ion Lear ned counsel for t he pet it ioner 5. subm it s t hat t he pet it ioner fulfils all t he eligibilit y as r equired under t he policy and furt herm or e she is perm anent resident of ward nam ely “ Purani Tehsil”, in support of which her perm anent resident cer t ificat e issued by Sub Divisional Magist rat e, Roorkee dat ed 02.08.2018, w hich Annexure- 3 is also place on r ecor d. 6. Apart from t his, t he pet it ioner also collect ed t he inform at ion under t he RTI Act t o verify t hat Mat awala Bagh falls in which war d and in response t o t his, t he RTI 02.08.2019 whereby it was infor m ed t hat “ Mat awala Bagh” falls in “ Mohalla Purani Tehsil” and page 63 of t he paper book is t he list of ward issued by Nagar Nigam in which at Serial No.19 Purani Tehsil show n t o be as “ Ward”. 7. By showing t hese docum ent s, learned counsel for t he pet it ioner subm it s t hat in ward” first ly “ Mat awala Bagh” “ falls “ Purani Tehsil” and t he pet it ioner was given perm anent r esident cert ificat e in respect of t he said ward and t her efore, t he select ion of pet it ioner was r espondent s wrongly cancelled by inquiry as reflect ed from Annex ur e - 1. He subm it s t hat t here is no any denial in t he count er affidavit wit h regard t o t he issuance of dat ed per m anent t he 02.08.2018. He also subm it s inquiry t he per m anent r esident cert ificat e. 8. On t he ot her hand, Mr. Pradeep Hairiya, learned Brief Holder subm it s t hat t he it was on an pet it ioner is generally not “ Mat awala Bagh”, how ever, he has not disput ed t hat “ Mat awala Bagh” is t he part of ward “ Purani Tehsil”. Apart from t his, t he count er affidavit of t he respondent s is also silent on t he perm anent r esident cert ificat e issued in favour of t he pet it ioner from w hich it is clearly evident t hat t he t he is based upon an t hat is also silent on t hat residing furt her m ore, cert ificat e resident inquiry r eport t hat Apart evident is clear procedur e appoint m ent r ej ect ion of t his, clause- 3 of pet it ioner is t he r esident of ward “ Purani Tehsil”. 9. t he Governm ent Or der dat ed 24.02.2009 provides eligibilit y condit ions as well as t he Aaganbari Karyak art i. Since t he pet it ioner is t he per m anent resident of war d Purani Tehsil, which per m anent resident cert ificat e, t herefore, t he t he candidat ur e of t he pet it ioner on t he post of “Anganwadi wor ker ” is illegal. 10. As per order sheet t he im pugned order dat ed 02.08.2019 by which t he select ion of t he pet it ioner was cancelled was st ayed by t he Coordinat e Bench of t his Court on 25.09.2019, and t he respondent s w er e direct ed t o consider t he candidat ur e of t he pet it ioner. 11. t he discussion and observat ion as above, t he writ pet it ion is allowed. dat ed t he consequent ial 02.08.2019 and all The order s ar e respondent s are direct ed t he appoint m ent t o t he pet it ioner posit ively wit hin t he dat e of product ion of cert ified copy of t his or der. I n view of t wo weeks I m pugned quashed. t o give hereby ( Ra k e sh Th a p l i y a l , J.) 1 7 .1 1 .2 0 2 5 Nahid