KUMARI ASHIYA v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIC/25109/2025 · 2025-09-14
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77462 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25109 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
1. Paragraph-1 from order dated 7th August, 2025 is reproduced below. "Mr. Awadhesh Kumar Yadav, learned advocate appears on behalf of petitioner and submits, under challenge is order dated 1st July, 2025 of respondent no.3 (the Sub-Divisional Magistrate). Thereby her domicile certificate was cancelled. He submits, issuance was because she was residing in her parents' house. Subsequently, she got married and went to her matrimonial home but came back. That cannot be reason for cancellation of her certificate. "
2. Mr. G. C. Tiwari, learned advocate, Standing Counsel appears on behalf of State. He submits, petitioner had obtained domicile certificate when she was unmarried. She then applied for being appointed as Anganwadi Worker at her place of domicile. Subsequent thereto, she got married and moved away to her matrimonial home. There she applied and obtained domicile certificate. In the meantime, the selection process returned petitioner at first position. Private respondent no.5 secured second position. She complained regarding petitioner's domicile certificate. The Authority found, petitioner had subsequent domicile certificate at her place of matrimonial residence. Hence, her prior domicile certificate was cancelled. Petitioner subsequently also got cancelled the other certificate. He opposes the writ petition. 3. Mr. Awadhesh Kumar Yadav in reply disputes submissions made on behalf of State. He submits, his client had left the matrimonial home and Versus Counsel for Petitioner(s) : Awadhesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Kumari Ashiya .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s)
come back to reside in her paternal house. He submits further, pursuant to cancellation of his client's domicile certificate, show cause notice dated 14th July, 2025 stood issued against his client, in respect of her appointment as Anganwadi Worker, obtained on basis of the cancelled domicile certificate. 4. We see that prayer of petitioner is directed against cancellation of her domicile certificate on order dated 1st July, 2025. As such, adjudication of the writ petition will require investigation into the facts. Those that cannot be disputed are what have been submitted on behalf of State. In the circumstances, we are not inclined to exercise our extraordinary power in writ jurisdiction. We are confident petitioner has merit and will be able to secure a job.
On such observation, the writ petition is disposed of. 5. As we have not noticed private respondent no.5, registry to communicate website copy of this order to said respondent. September 15, 2025 Vijay WRIC No. 25109 of 2025 2
(Arindam Sinha,J.)
(Avnish Saxena,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad