IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12563 of 2025 Date of Decision: 05.08.2025 _______________________________________________________ Shabnam …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Subhash Chander, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein being aggrieved by selection of respondent No. 6, Smt. Anjna Kumari, against the post of Anganwari Worker at Anganwari Centre Chordu, Gram Panchayat Chek, CDPO Panchurukhi, District Kangra, Himachal Pradesh, filed appeal before Additional District Magistrate, District Kangra, Himachal Pradesh, but before same could be decided, Sub Divisional Officer (C), Baijnath, District Kangra, Himachal Pradesh, sent a communication to CDPO Panchrukhi, Tehsil Palampur, District Kangra, Himachal Pradesh (Annexure P-10), enclosing therewith letter No. 142-MC-25 dated 1Whether the reporters of the local papers may be allowed to see the judgment? 2 10.03.2025 received from the office of Tehsildar Chadhiar, whereby afore authority cancelled the Income Certificate issued in favour of private respondent. 2. While referring to the aforesaid communication (Annexure P-10) as well as order dated 07.03.2025 (Annexure P-8), Mr. Subhash Chander, learned counsel for the petitioner, states that this Court, while exercising power under Article 226 of the Constitution of India, may straightaway order quashment of the appointment of the petitioner. However, this Court is not persuaded to agree with learned counsel for the petitioner for the reason that appeal having been filed by her against the selection of private respondent is already pending before Additional District Magistrate, District Kangra, Himachal Pradesh. Though Mr. Subhash Chander, learned counsel for the petitioner, while making this Court peruse scheme/guidelines for engagement of Anganwari Worker (Annexure P-1), attempted to argue that if appointed Anganwari Worker/Mini Anganwari Worker/Helper is found ineligible as per para 4 of Part I of the scheme at the time of Screening or at any stage, her appointment shall be cancelled by the concerned CDPO after the review of the selection by the Screening Committee. He states that since aforesaid provision provides for cancellation of appointment at any stage, appointment made in favour of the private respondent on account of 3 her having furnished false Income Certificate, deserves to be quashed. 3. However, having carefully perused aforesaid provision contained in the scheme, which is reproduced hereinbelow, this Court is not persuaded to agree with learned counsel for the petitioner. “11. Cancellation of Appointment: If the appointed Anganwardi Worker/Minin Anganwadi Worker/Helper found ineligible as per para 4 of Part I of the scheme at the time of Screening at any stage, her appointment shall be cancelled by the concerned CDPO after the review of the selection by the screening committee.” 4. Careful perusal of aforesaid provision contained in scheme clearly reveals that in case during screening appointed Anganwari Worker is found ineligible, his/her appointment shall be cancelled by the concerned CDPO after the review of the selection by the Screening Committee, but since in the case at hand appeal is already pending before Additional District Magistrate, District Kangra, CDPO may not interfere, rather consequent action, if any, on account of cancellation of Income Certificate issued in favour of the private respondent can be taken by the Additional District Magistrate. Since afore fact of cancellaton of Income certificate is brought to the notice of Additional District Magistrate, District Kangra, Himachal Pradesh, afore authority can straightaway pass appropriate order with regard to 4 cancellation of appointment for the reason that very basis of appointment to the post in question is gone with the cancellation of Income Certificate. 5. Consequently, in view of the above, present petition is disposed of with a direction to Additional District Magistrate, District Kangra, Himachal Pradesh, to decide the pending appeal of the petitioner expeditiously, preferably within two weeks taking note of order dated 07.03.2025 passed by Executive Magistrate, Sub Tehsil Chadhiar. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner as well as private respondent and would also verify whether order dated 07.03.2025, passed by Executive Magistrate, Sub Tehsil Chadhiar, has been laid challenge by the private respondent before the competent authority? If yes, whether afore order has been stayed or not? Pending application(s), if any, stand disposed of. (Sandeep Sharma), Judge August 05, 2025 (Sunil)