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2026 DAILYLAW 214 (UTT)

KAVITA DEVI v. STATE OF UTTARAKHAND

WPSS/663/2026 · 2026-03-12

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1662 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/663/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Pacholia, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State. 2. Petitioner participated in a selection for appointment as Anganwadi Karyakatri, against a post reserved for Scheduled Caste category in Anganwadi Kendra, Dhanyal, Block Kapkot, District Bageshwar. She was selected and recommended for appointment; however, her selection was cancelled allegedly on a complaint made by one Ms. Neetu. 3. Learned counsel for the petitioner submits that Ms. Neetu did not make any complaint and she had in fact submitted a representation that she wrongly indicated her caste category as SC while she belongs to General Category, therefore her caste category may be corrected in her application, however, on that application, petitioner’s selection was cancelled, which is unjust and improper. 4. Learned State Counsel, on instructions however, submits that the post in question in Anganwadi Kendra concerned was unreserved as per the list prepared by Social Welfare Department; he submits that Social Welfare Department undertook exercise for determining the percentage of population belonging to different reserved and unreserved categories and in the concerned village, the population of percentage of persons belonging to reserved category was less than 2026:UHC:1662 40%, therefore, the vacancy on the post of Anganwari Karyakatri was meant to be open for all but due to mistake, it was shown as reserved in the advertisement. He submits that when this mistake was detected, then it was rectified by cancelling the selection. He, however, concedes that petitioner was not heard while cancelling her selection. 5. Since petitioner was not heard, therefore, the writ petition is partly allowed. Impugned order dated 20.11.2025 is set aside. 6. The competent authority shall be at liberty to pass fresh order, but only after hearing the petitioner. The information/material based on which petitioner’s selection was cancelled, shall be supplied to her with the show-cause notice issued to her. 7. The final order shall be passed by competent authority within two months. 8. For a period of two months or till final order is passed by the competent authority, the post in question shall not be filled, although selection process may go on. (Manoj Kumar Tiwari, J.) 12.03.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a9 2d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D3 05B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.03.13 19:53:36 +05'30'