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2025 DAILYLAW 150215 (ALL)

MEENA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF CHILD DEVELOPMENT AND NUTRITION U.P. AND 6 OTHERS

WRIA/7286/2025 · 2025-07-08

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38575 Court No. - 18 Case :- WRIT - A No. - 7286 of 2025 Petitioner :- Meena Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Child Development And Nutrition U.P. And 6 Others Counsel for Petitioner :- Brijesh Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 19.04.2025 whereby petitioner's appointment on the post of Anganbari Worker at Centre Badrikheda, District Sitapur has been cancelled. 3. It has been submitted that petitioner had applied for appointment on the said post and was selected vide order dated 17.03.2025 whereafter a complaint was filed against her pertaining to her domicile certificate and the impugned order has been passed without affording any opportunity of hearing to petitioner primarily treating the complaint at its face value. 4. Learned State counsel has now been provided instructions in this matter. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, particularly impugned order dated 19.04.2025, it is ex facie evident that petitioner's appointment dated 17.03.2025 has been cancelled primarily on the ground of complaint which was made against her. The order itself does not indicate any show cause notice or opportunity of hearing being provided to petitioner. 6. In such circumstances, in the considered opinion of this Court, once petitioner had been granted appointment against which a complaint had been filed, it was incumbent upon the concerned authority to have provided opportunity of hearing to petitioner prior to cancellation of such appointment on the ground of domicile certificate being invalid. 7. Considering aforesaid circumstance, the impugned order dated 19.04.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to concerned authority to pass orders afresh with regard to such complaint but only after affording opportunity of hearing to petitioner and considering her reply. 8. The writ petition therefore succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 8.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench