1 2026:HHC:24797 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPOA No.400 of 2019 Decided on: 23.06.2026 Sureshta Devi ...Petitioner Versus State of Himachal Pradesh and others ...Respondents Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Chetan Thakur, Advocate vice Mr. Arun Sehgal, Advocate. For the respondents: Mr. Sumit Sharma, Deputy Advocate General, for respondents No.1 & 2. None for respondent No.3 Jiya Lal Bhardwaj, Judge (Oral) The petitioner by way of present petition has assailed the order dated 20.11.2009 passed by the Additional District Magistrate, Kangra at Dharamshala in Appeal No.44/2007, titled, Meena Kumari Vs. Shreshta Devi, whereby the appeal preferred by respondent No.3 had been allowed and appointment of petitioner as Anganwari Worker in 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Anganwari Centre Bhadroya was set aside, which order had been affirmed by the Divisional Commissioner, Kangra Division, at Dharamshala, Himachal Pradesh, on 06.03.2010 when the appeal preferred by the petitioner was dismissed. 2. The facts as emerge from pleadings are that the petitioner had applied for the post of Anganwari Worker in the Anganwari Centre Bhadroya, Tehsil Indora, District Kangra, H.P. She came to be appointed as Anganwari Worker in the Anganwari Centre Bhadroya, Tehsil Indora, District Kangra, H.P., and respondent No.3 feeling aggrieved by her appointment had preferred an appeal, which came to be allowed by the Additional District Magistrate, Kangra at Dharamshala on the ground that as per record of C.D.P.O. Indora, the family of the petitioner was entered against House No.6/2 along with her mother Shakuntla wife of Sh. Bansi Lal in Gram Panchayat, Gagwal. After marriage of the petitioner on 10.12.2006, her name was deleted as evident from note in Pariwar Register. However, later on, her name has again been 3 added in the family of her mother Shakuntla along with her husband Karnail Singh. As per report of Panchayat Sahayak Gram Panchayat Maira Tehsil Jawali dated 16.05.2007, the names of Sh. Karnail Singh and his wife Shreshta Devi( petitioner) were struck off from the record of Gram Panchayat, Maira and the family comprising of these 2 members has been said to have been shifted to village Bhadroya Gram Panchayat, Gagwal. The petitioner had migrated to village Bhadroya of Gram Panchayat, Gagwal after 16.05.2007, which admittedly is after issuance of Notification dated 11.04.2007 issued for appointment of Anganwari Workers/Anganwari Helpers. The petitioner had migrated to village Bhadroya just to grab the opportunity to apply for the post of Anganwari Worker and as such the appeal preferred by respondent No.3 was allowed and appointment of the petitioner as Anganwari worker in Anganwari Centre, Bhadroya was set aside. 3. The petitioner feeling aggrieved by the said order 4 passed by the Additional District Magistrate, Kangra at Dharamshala, had preferred the appeal before the Divisional Commissioner, Kangra Division, at Dharamshala, H.P., who vide order dated 06.03.2010, had dismissed the same. It was held that as per scheme and the guidelines for appointment of Anganwari Workers/Anganwari Helpers, since the petitioner had shifted from Gram Panchayat, Maira, Tehsil Jawali to Gram Panchayat, Gagwal along with her husband in May, 2007, she had done this to grab the opportunity to apply for the post of Anganwari Worker in Anganwari Centre, Bhadroya and thus, affirmed the order passed by the Additional District Magistrate. 4. The petitioner feeling aggrieved by the aforesaid orders passed by the authorities has assailed the same by way of present petition inter-alia on the grounds that the petitioner had returned to her native village after her marriage, had been construed by the authorities below that the same was done to seek appointment. The authorities below have 5 wrongly interpreted the same inasmuch as the authorities have transgressed the jurisdiction vested in them by the policy governing the appointment. It has also been averred that the mother of the petitioner was suffering from 50% locomotor disability and since there was nobody to look after the helpless and dependent mother, the petitioner had married only on the condition that both the wife and her husband will live with the mother at her native place at Bhadroya. Owing to the said arrangement, it was totally personal to the family of the petitioner and she along with her husband had shifted back to the village of the mother of the petitioner. A certificate dated 14.05.2007 issued by the Pradhan, Gram Panchayat, Gagwal also certifies the said fact. The authorities are not authorized to impute any motive and intention against the petitioner. There is no material available on record to suggest and establish that the petitioner returned to her native village for the purpose of getting appointment to the post of Anganwari Worker. 6 5. Respondent No.3 who had filed the appeal challenging the appointment of the petitioner was not eligible to be considered for the post as per policy and as such she had no locus standi to file the appeal. 6. Respondents No.1 to 3 filed reply to the petition and averred that the petition is not maintainable in the present form as no enforceable cause of action has ever arisen in favour of the petitioner. The petitioner has not approached the Court with clean hands and has withheld material facts. The petitioner had applied for the post of Anganwari Worker in Anganwari Centre, Bhadroya along with other candidates. However, the selection of the petitioner was challenged by respondent No.3 before the Deputy Commissioner, Kangra and Additional District Magistrate, Kangra at Dharamshala. The petitioner had challenged the jurisdiction of the Additional District Magistrate, Kangra before the Divisional Commissioner, Kangra who remanded back the case to Deputy Commissioner, Kangra on the ground 7 that the Additional District Magistrate, Kangra was not competent to hear and decide the appeal due to jurisdiction. However, later on, Additional District Magistrate, Kangra was authorized to hear the case after delegation of powers to hear appeals by the ADM/ADC. The ADM after perusal of record and examining the family register of Gram Panchayat, Bhadroya, concluded that the petitioner had migrated to village Bhadroya, just to grab the opportunity to apply for the post of Anganwari Worker in Anganwari Centre, Bhadroya and as such her selection, was set aside. The appeal preferred by the petitioner was dismissed. Both the authorities have decided the case after carefully applying their mind and perusing all the material on record. 7. The petitioner did not file rejoinder to the reply filed by the respondents. 8. I have heard the learned counsel for the parties and also perused the record carefully. 9. Learned counsel for the petitioner has vehemently 8 argued that as per Certificate (Annexure P-6), issued by Gram Panchayat, Bhadroya, the petitioner has been shown to be resident of village and post office Bhadroya. As per Bonafide Himachali Certificate dated 06.08.2007, the petitioner has been shown to be resident of village Bhadroya and, therefore, the authorities below have wrongly come to the conclusion that the petitioner with a view to grab the post had migrated to village Bhadroya. 10. Learned counsel for the petitioner did not dispute the fact that the petitioner after her marriage had got her name entered in Gram Panchayat Maira, Tehsil Jawali and got her name alongwith her husband deleted on 16.05.2007 from the said Panchayat. Earlier, her name was entered against House No.6/2 along with her mother Shakuntla wife of Sh. Bansi Lal in Gram Panchayat Gagwal. The name of the petitioner was deleted after issuance of Notification dated 11.04.2007 (Annexure P-1). These facts have been noticed in detail in the order passed by the Additional District 9 Magistrate. Since these facts have not been disputed by the petitioner, the petitioner with a view to get a job for the post of Anganwari Worker in Anganwari Centre, Bhadroya had got her name struck off from the record of Gram Panchayat Maira, Tehsil Jawali and migrated to village Bhadroya of Gram Panchayat Gagwal, Tehsil Nurpur, where the post of Anganwari Worker was to be filled up. 11. Once the petitioner had got married and deleted her name on 10.12.2006, as is evident from the note in the Pariwar Register, she could have migrated to Gram Panchayat, Gagwal earlier, in case, it was agreed that after marriage, she will reside with her mother. However, it has been done only after issuance of Notification dated 11.04.2007 to grab the post of Anganwari Worker. Since it was done only after the issuance of Notification, it is crystal clear that the same was done with a view to get the job and thus no infirmity can be found with the order passed by the Additional District Magistrate, which has been affirmed by the Divisional 10 Commissioner in the appeal preferred by the petitioner. 12. This Court while exercising powers under Article 226 of the Constitution of India, cannot interfere with the findings of fact recorded by the authorities below, more particularly, when the petitioner has not disputed the facts noticed above, except placing reliance upon certificate issued by the Pradhan of Gram Panchayat, Bhadroya and bonafide certificate. A perusal of bonafide certificate appended as Annexure A-7 reveals that the same has been got issued on 06.08.2007 and the petitioner had got her name struck off from the Family Register of Gram Panchayat, Maira on 16.05.2007. 13. Thus, keeping in view of the above facts, I do not find any illegality having been committed by the authorities below while allowing the appeal preferred by respondent No.3 by the Additional District Magistrate, which order has been affirmed by the Divisional Commissioner. 14. Consequently, the present petition fails and the 11 same is accordingly dismissed. No order as to costs. Pending application(s), if any, shall also stand disposed of. 23 rd June , 2026 ( Jiya Lal Bhardwaj ) (Kiran) Judge