KM. AKANKSHA DEVI v. THE STATE OF U.P. AND 5 OTHERS
WRIA/11752/2025 · 2025-09-07
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86277 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11752 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for the petitioner as well as Sri R.S. Umrao, learned Standing Counsel for the State respondents. Supplementary affidavit filed today is taken on record. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order dated 23.07.2025, whereby, petitioners appointment as Anganbadi Worker has come to be cancelled only on the ground that petitioner furnished and filed a domicile certificate obtained in the name of her husband Rishikant on 19.02.2021, whereas, she had applied in divorced women category on account of her divorce having taken place on 04.08.2018 in a judicial proceedings.
Learned counsel for the petitioner submits that, if petitioner is residing at the same place, she can always obtain a domicile certificate. She claims that her domicile certificate got issued wrongly due to inadvertence in the name of her husband. However, she should have been given an opportunity to file her defense to meet the allegation and for which her selection and appointment has been cancelled despite the fact that petitioner had already been divorced. It is also contended that subsequently petitioner has got a fresh domicile certificate issued in her name. It is further contended that as per the Government Order dated 21.03.2023, petitioner ought to have been afforded an opportunity of hearing as apparently petitioner was not guilty of any fraud. Versus Counsel for Petitioner(s) : Shatrughan Sonwal, Shivendu Ojha, Sr. Advocate Counsel for Respondent(s) : C.S.C. Km. Akanksha Devi .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s)
Learned Standing Counsel though sought to defend the order on the ground that once the petitioner had applied under the divorced women category, she was required to furnish a domicile certificate in her own name and furnishing a certificate in the name of her husband would amount to misrepresentation and hence petitioner may not be required to be given any notice or opportunity of hearing. However, he could not deny that the petitioner was selected for being a candidate of divorced women category and petitioner's divorce still stands intact as per the facts pleaded and documents furnished by her and brought on record. Sri Umrao, learned Standing Counsel could not dispute that no notice much less a show cause notice was issued to the petitioner at any point of time prior to passing of the order dated 23.07.2025. In the given facts and circumstances of the case, I consider it appropriate at this stage to remand the matter for a fresh decision with an opportunity to the petitioner to put up her defence before the authority concerned regarding her domicile certificate.
In view of the above, I dispose of this petition with a direction to the petitioner to offer her explanation along with all requisite documents before the District Program Officer, Agra within a period of two weeks from today along with the certified copy of this order and in the event she makes such representation, the same shall be considered and disposed of giving her opportunity of personal hearing within a further period of 30 days. The order dated 23.07.2025 shall abide by the decision to be taken by the authority and hence in the meanwhile no further selection shall be made. Needless to add the order to be passed by the competent authority, as
directed herein above, shall be reasoned and speaking one. September 8, 2025 IrfanUddin WRIA No. 11752 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad