Serial No. 06 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 13/2025 in WP (C) No. 597/2020 CM No. 212/2025 Caveat No. 3224/2024 Dated: 24th of February, 2025. Shamshada Akhter … Appellant(s) Through: - Mr Gulzar Ahmad Bhat, Advocate. V/s Union Territory of J&K and Ors. … Respondent(s) Through: - Mr Ilyas Nazir Laway, Government Advocate for R-1 to 6; and Mr I. Sofi, Advocate for R-7 and 8. CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Puneet Gupta, Judge (JUDGMENT) Sanjeev Kumar-J: 01. This intra Court appeal, filed under Clause 12 of the Letters Patent, is directed against an Order and Judgment dated 20th of December, 2024 passed by the learned Single Judge of this Court (“the Writ Court”) in WP (C) No. 597/2020, whereby the Writ Petition filed by the Appellant, along with her sister, namely, Masrat Akhter, has been dismissed. 02. Briefly stated, the facts leading to the filing of this appeal are that vide advertisement notification dated 28th of December, 2015, issued by the CDPO, Langate, applications were invited for filling up a position of Anganwadi Worker in hamlet Gojri Mohalla of Revenue Village Kultora. The Appellant, along with Respondent Nos.7 and 8 herein, responded to the aforesaid notification. The process of selection was undertaken by the official Respondents and a merit panel was prepared. The Appellant and her LPA No. 13/2025 in WP (C) No. 597/2020 sister were found to have obtained 62.70 points and 72.41 points respectively, whereas, the Respondent Nos. 7 and 8 herein had obtained 40.62 points and 38.75 points, respectively. On the publication of the merit panel, the official Respondents received several complaints directed against the Appellant and her sister. It was alleged that the Appellant, as also her sister, were not the residents of hamlet Gojri Mohalla of Revenue Village Kultora and, therefore, were not eligible to participate in the selection process. The official Respondents undertook verification of the residence of the Appellant and her sister, wherein it was found that they were not belonging to the hamlet concerned. Resultantly, the Appellant, as also her sister, were declared ineligible and, on the basis of merit of the candidates belonging to hamlet Gojri Mohalla of Revenue Village Kultora, the Respondent No.7 was selected and engaged as Anganwadi Worker. 03. Aggrieved, the Respondent No.8 filed an appeal before the Deputy Commissioner, Kupwara, which was dismissed in terms of Order dated 31st of December, 2019. Although, the Appellant herein was not a party before the Deputy Commissioner, yet, she sought to challenge the decision of the Deputy Commissioner dated 31st of December, 2019 in WP (C) No. 597/2020. 04. Before the Writ Court, it was claimed by the Appellant that she was actually and physically residing in hamlet Gojri Mohalla of Revenue Village Kultora and, being more meritorious than the Respondent No.7, was entitled to be selected and engaged as Anganwadi Worker for the concerned hamlet. It was submitted that the Writ Petitioner No.2, i.e., the sister of the Appellant, with 72.41 points, was the most-meritorious candidate, but she was held to be under age and ineligible. She, too, had come to this Court by way of Writ Petition bearing SWP No. 1063/2016, which came to be dismissed by the Writ Court vide Order dated 5th of September, 2022. 05. The Writ Petition was contested by the official Respondents as well as the Respondent No.7 herein. Page 3 of 4 LPA No. 13/2025 in WP (C) No. 597/2020 06. The Writ Court, after taking note of the rival contentions and having gone through the record, came to the conclusion that the Petitioner/ Appellant herein had failed to place on record any documentary evidence to show that she was the resident of hamlet Gojri Mohalla of Revenue Village Kultora and that the verification done by the official Respondents with regard to her residence was not correct. The Writ Court, accordingly, dismissed the Petition vide the Judgment impugned. 07. The impugned Judgment is challenged by the Appellant in this appeal, inter alia, on the ground that the Writ Court did not appreciate the documents on record in correct perspective and erroneously came to the conclusion that there was no documentary evidence on record to show and demonstrate that the Appellant was resident of hamlet Gojri Mohalla of Revenue Village Kultora. 08. Having heard the learned Counsel for the parties and perused the material on record, we are of the considered opinion that the view taken by the Writ Court is factually correct and unquestionable. 09. We have gone through the Writ Petition filed by the Appellant, along with her sister, before the Writ Court, i.e., WP (C) No. 597/2020, and do not find any documentary evidence on record to rebut the findings of fact recorded by the official Respondents, pursuant to verification conducted by them to the effect that the Appellant was not resident of hamlet Gojri Mohalla of Revenue Village Kultora. 10. Before us, the Appellant has produced certain documents, including the Voter List and Ration Card, however, both these documents are obtained after issuance of the advertisement notification. In absence of any documentary evidence pertaining to the year 2015, or prior thereto, demonstrating unequivocally that the Appellant was, at the relevant point of time, the resident of hamlet Gojri Mohalla of Revenue Village Kultora, we have no other option, but to accept the view taken by the Writ Court. We have also gone through the relevant record produced by Mr Laway, the LPA No. 13/2025 in WP (C) No. 597/2020 learned Government Advocate, appearing for the official Respondents and do not find anything in support of the plea raised by the Appellant. 11. For all the aforesaid reasons, we find no merit in this appeal. The same is, accordingly, dismissed, along with the connected CM(s). Interim direction(s), if any subsisting as on date, shall stand vacated. Caveat No. 3224/2024 shall also stand discharged, accordingly. (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR February 24th, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document