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2026 DAILYLAW 1536 (ALL)

KAVITA DEVI v. STATE OF U.P. AND 2 OTHERS

WRIA/7299/2026 · 2026-05-13

Prakash Padia

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7299 of 2026 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. The order dated 10.02.2026 passed by the District Programme Officer, Ballia/respondent no.2 by which the claim of the petitioner for appointment on Anganwadi Karyakatri was rejected is under challenge in the present writ petition. 2. It is argued by counsel for the petitioner that once the person selected namely respondent no.3-Smt. Pallavi Prajapati on the aforesaid post and her appointment has been cancelled, the petitioner being second in merit list is entitled for consideration of her case for appointment on the aforesaid post. It is further argued that Clause 11(V) of the Government Order dated 31.03.2023 will not apply in the facts and circumstances of the case hence petitioner is entitled for consideration of his case for appointment on the post of Anganwadi Karyakatri. It is further argued by counsel for the petitioner that appointment of respondent no.3 was made on the basis of the forged documents hence same is ab initio and the same may be treated no appointment in the eyes of law. 3. Heard learned counsel for the parties and perused the records. 4. With the consent of learned counsel for the parties present writ petition is being disposed of at the admission stage itself. 5. Since the order impugned has been passed without providing any opportunity of hearing to the petitioner, order dated 10.02.2026 passed by the District Programme Officer, Ballia/respondent no.2 is Versus Counsel for Petitioner(s) : Shagun K. Saran Counsel for Respondent(s) : C.S.C. Kavita Devi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) liable to be set aside and the same is hereby quashed. 6. The writ petition is allowed. The respondent no.2 is directed to pass a fresh order strictly in accordance with law after providing an opportunity of hearing to the petitioner. The order impugned will be subject to final outcome of fresh order. May 14, 2026 Pramod Tripathi WRIA No. 7299 of 2026 2 (Prakash Padia,J.) Digitally signed by :- PRAKASH PADIA High Court of Judicature at Allahabad