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2025 DAILYLAW 154266 (ALL)

SARITA YADAV v. STATE OF U.P. THRU. PRIN. SECY. CHILD DEVELOPMENT AND NUTRITION , LUCKNOW AND 4 OTHERS

WRIA/8307/2025 · 2025-07-29

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43693 Court No. - 18 Case :- WRIT - A No. - 8307 of 2025 Petitioner :- Sarita Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Child Development And Nutrition , Lucknow And 4 Others Counsel for Petitioner :- Manendra Nath Rai Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 06.06.2025 whereby petitioner's selection and appointment for the post of Anganbadi Karyakatri for village concerned has been cancelled. 3. It has been submitted by learned counsel for petitioner that impugned order has been passed on the basis of complaint. It is further submitted that impugned order clearly indicates that the same has been passed without affording an opportunity of hearing to petitioner, which was required in view of the fact petitioner has not only been selected but also issued appointment letter on 05.04.2025 and therefore acquired a vested right prior to cancellation of her appointment. 4. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order, it is evident that same has been passed cancelling petitioner's selection on the ground that certain documents submitted by her were not genuine. The impugned order clearly indicates that it has been passed without affording an opportunity of hearing to the petitioner. 5. In the considered opinion of this Court, once petitioner has not only been selected but also issued appointment letter such cancellation order could not have been passed without affording an opportunity of hearing. 6. In view thereof, impugned order dated 06.06.2025 is hereby quashed by issuing a writ in the nature of certiorari granting liberty to opposite parties to pass order afresh but only after affording an opportunity of hearing to petitioner and considering the reply. 7. Resultantly petition succeeds and is allowed at the admission stage itself. 8. Parties to bear their own costs. Order Date :- 29.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench