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2026 DAILYLAW 14860 (HP)

NISHA DEVI v. THE STATE OF HP AND OTHERS

CWP/15541/2025 · 2026-07-07

Ajay Mohan Goel

body2026

Judgment text

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( 2026:HHC:27037 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 15541 of 2025. Decided on : 7 th July , 2026. Nisha Devi ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr. Raj Pal Thakur, Additional Advocate General for respondents No. 1 to 5. Ms. Vishwa Bhushan, Advocate, for respondent No.6. Ajay Mohan Goel, Judge (Oral). By way of this petition, the petitioner has, inter alia prayed for following reliefs:- i) Issue a writ of certiorari to quash and set aside the impugned inquiry dated 28.07.2025 (Amnnexure P-3) and impugned order dated 22.08.2025 passed by respondent No.3 (Annexure P-4) in the interest of justice; ii) Issue a writ of mandamus directing the respondents to conduct fresh inquiry in the present case. iii) Issue a writ of mandamus directing the respondent to allow the petitioner to continue as Anganwari Helper at Aganwari 1 Whether reporters of the local papers may be allowed to see the judgment? Centre Samot, Tehsil Sihunta, District Chamba, as per the original selection order dated 19.10.2024;” 2. Brief facts necessary for adjudication of this petition are that the petitioner along with certain other candidates participated in the selection process for appointment to the post of Aganwari Helper at Aganwari Centre Samot, Tehsil Sihunta, District Chamba. The petitioner was offered appointment against the said post vide order of selection dated 19.10.2024. Feeling aggrieved respondent No.6-Smt. Reena Devi preferred an appeal against the appointment of the petitioner, wherein challenge was laid to the income certificate of the petitioner. During the pendency of the appeal, directions were issued by the Competent Authority to ascertain the veracity of the income certificates of the petitioner as also of other candidates. The inquiry was conducted by Tehsildar, Sihunta and in terms of the findings of the Sub Divisional Collector, Bhattiyat, based on the order passed by the Tehsildar, Sihunta, dated 28.07.2025, the income certificate of the petitioner was found to be false on the ground that the actual annual …2… ( 2026:HHC:27037 ) income of the family was Rs.87000/- to 1,00,000/-, i.e. far exceeding the threshold of Rs.35,000/- prescribed for BPL categorization i.e. the category under which the petitioner had applied and gained appointment against the post of Aganwari Worker. On the basis of said report, the Appellate Authority, in terms of order dated 22.08.2025, Annexure P-4, allowed the appeal and set aside the appointment of the present petitioner. CDPO, Chowari was directed by the Appellate Authority to conduct a de novo selection process for the said post, strictly in accordance with applicable rules, notifications and policy, after inviting applications and affording opportunity to all eligible candidates. 3. Feeling aggrieved, the petitioner has filed the present petition. 4. On a query put to the learned counsel for the petitioner as to whether the order of the Tehsildar, in terms whereof, the income certificate of the petitioner was declared bad, was assailed by the …3… ( 2026:HHC:27037 ) petitioner, he informed the Court that though an appeal was preferred by the petitioner against the said order, however, the same was dismissed by the Sub-Divisional Collector, Bhattiyat, District Chamba, H.P. on 6.11.2025 on the ground of maintainability. Thereafter, no further proceedings were filed by the petitioner. 5. The above facts, thus, demonstrate that the findings qua a wrong income certificate having been procured by the petitioner, on the strength whereof, she gained appointment as an Aganwari Helper, have attained finality. Perusal of the order passed by the Appellate Authority demonstrates that the order of the Tehsildar and report of the Sub Divisional Magistrate concerned, are the foundations of findings returned by the Appellate Authority. 6. During the course of hearing of this petition, learned counsel for the petitioner could not demonstrate that the findings returned by the Appellate Authority were perverse and not borne out from the record, more so, in light of the fact that the income certificate …4… ( 2026:HHC:27037 ) of the petitioner indeed was held to be bad by the Tehsildar concerned vide order dated 28.07.2025 and appeal filed by the petitioner against the same was dismissed by the Sub Divisional Collector, Bhattiyat on 06.11.2025 on the ground of maintainability. 7. Therefore, in light of the above facts, the findings rendered by the Appellate Authority call for no interference. Accordingly, the present petition is dismissed. Interim order dated 25.09.2025 is vacated forthwith. CDPO, Chowari is directed to forthwith initiate the selection process for the post of Aganwari Helper for Aganwari Centre, Samot, Tehsil Sihunta, District Chamba, H.P. strictly in accordance with the rules and policy. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 7th July, 2026. (jai) …5… ( 2026:HHC:27037 )