PANKAJA KOHLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-

(2.) The case of the petitioner is that she is a permanent resident of Village Badet, Tehsil Garur, District Bageshwar. She had applied for caste certificate belonging to the Scheduled Caste and after due verification and examination of the documents, the petitioner was issued Caste Certificate by the Tehsildar, Bageshwar on 26/12/2003. Subsequently, the petitioner applied for the post of Anganwadi Karyakarti at Anganwadi Center Badet, Tehsil Garur, District Bageshwar. She was given appointment to the said post vide order dtd. 17/1/2011. She joined the post of Anganwadi Karyakarti on 24/1/2011. A complaint was made after a period of more than 13 years alleging that she has wrongly been issued the caste certificate. An enquiry was initiated by the respondent authorities and the matter was placed before the Caste Scrutiny Committee, headed by the District Magistrate, Bageshwar. She submitted her written submission vide letter dtd. 4/11/2024 and also produced the relevant documents in support of her claim. The Caste Scrutiny Committee vide its minutes of meeting dtd. 19/11/2024 wrongly and erroneously held that the Caste Certificate issued in her favour appears to be erroneous and illegal. On the decision taken by the Caste Scrutiny Committee with regard to issuance of the caste certificate, the District Magistrate vide his order dtd. 29/11/2024 directed the Tehsildar, Bageshwar to cancel the Caste Certificate of Scheduled Caste, issued in her favour. Thereafter, vide order dtd. 4/12/2024, passed by the respondent no.4, her services as Anganwadi Karyakarti of Anganwadi Center Badet, Tehsil Garur, District Bageshwar was terminated in pursuance of the minutes of meeting dtd. 19/11/2024 and the order dtd. 29/11/2024, passed by the District Magistrate, Bageshwar. Now, the respondents have issued an advertisement inviting applications for various vacant posts of Anganwadi Workers including the post of Anganwadi Karyakarti of Angnabadi Center Badet, Tehsil Garur, District Bageshwar.

(3.) Heard Mr. Abhishek Sati, learned counsel holding brief of Mr. D.K. Joshi, learned counsel for the petitioner and Mr. M.S. Bisht, learned Brief Holder for the respondents.