Bombay High Court Allows Writ Petition of Anganwadi Sevika Challenging Removal Based on Residence Complaint. Court Holds That Residence Condition Must Be Satisfied at Time of Appointment and Removal Without Hearing Is Invalid.

High Court: Bombay High Court Bench: AURANGABAD In Favour of Accused

Admin

2026-05-19 01:56:50

Font size:

Case Note & Summary

The petitioner, Jyoti w/o Ravindra Sable, was appointed as Anganwadi Sevika at Padoshi village after being the topper in the merit list. The appointment required the candidate to be a resident of the village, which the petitioner satisfied by producing requisite documents. Respondent No.4, a rival candidate, complained that the petitioner was residing at Padoshi on rental basis only after the advertisement and that her son was studying in an Anganwadi in an adjoining village. Based on this complaint, the petitioner was removed from the post. The petitioner challenged her removal in the Bombay High Court. The court held that the residence condition was satisfied at the time of appointment and there was no rule prohibiting the petitioner from residing on rental basis or her son studying elsewhere. The removal was set aside as it was based solely on a complaint without any opportunity of hearing or independent inquiry. The court directed the respondents to reinstate the petitioner within four weeks.

Headnote

A) Service Law - Anganwadi Sevika - Residence Condition - The crucial condition for appointment as Anganwadi Sevika is that the candidate must be a resident of the village where the Anganwadi is located. The petitioner satisfied this condition at the time of appointment by producing requisite documents. The subsequent complaint that she was residing on rental basis and her son studied in adjoining village does not justify removal without specific rule prohibiting such residence. (Paras 3-5)

B) Natural Justice - Removal Without Hearing - The petitioner was removed from the post without any opportunity of hearing. The removal order was passed solely on the basis of a complaint by a rival candidate without any independent inquiry. Such action is violative of principles of natural justice. (Paras 5-6)

C) Administrative Law - Complaint by Rival Candidate - A complaint by a rival candidate cannot be the sole basis for removal of an appointee without proper verification and opportunity of hearing. The authorities must conduct an independent inquiry before taking any adverse action. (Paras 5-6)

Issue of Consideration

Whether the removal of the petitioner from the post of Anganwadi Sevika on the ground that she was not residing at the village at the time of appointment is sustainable in law.

Final Decision

The Writ Petition is allowed. The impugned order of removal is quashed and set aside. The respondents are directed to reinstate the petitioner to the post of Anganwadi Sevika within four weeks from the date of the order.

Law Points

Place of residence condition for Anganwadi Sevika appointment must be satisfied at the time of appointment
subsequent change of residence does not warrant removal unless specifically prohibited
removal without opportunity of hearing is violative of natural justice
complaint by rival candidate cannot be sole basis for removal without independent verification.

Case Details

2026:BHC-AUG:13821

Writ Petition No. 1422 of 2024

2026-04-01

Ajit B. Kadethankar

2026:BHC-AUG:13821

Mr. S. V. Suryawanshi for Petitioner, Mr. S. D. Ghayal for Respondent No.3, Mr. A. D. Aghav for Respondent Nos.1 and 2, Mr. N. K. Chaudhari for Respondent No.4

Jyoti w/o Ravindra Sable

The Chief Executive Officer, Women and Child Development Development, Zilla Parishad, Ahmednagar; The Child Development Project Officer, Integrated Child Development Services Scheme Project, Akole; The Divisional Commissioner, Nashik Division; Smt. Jyotsna Ankush Sabale

Nature of Litigation

Writ Petition challenging removal from the post of Anganwadi Sevika.

Remedy Sought

Petitioner sought quashing of removal order and reinstatement to the post of Anganwadi Sevika.

Filing Reason

Petitioner was removed from the post of Anganwadi Sevika based on a complaint by respondent no.4 that she was not a resident of the village at the time of appointment.

Issues

Whether the removal of the petitioner from the post of Anganwadi Sevika on the ground of residence is sustainable. Whether the removal without opportunity of hearing is violative of natural justice.

Submissions/Arguments

Petitioner argued that she was the topper in merit and had produced requisite documents to prove residence at the time of appointment. Respondents argued that the petitioner was not a resident of Padoshi village and her son was studying in an adjoining village.

Ratio Decidendi

The residence condition for appointment as Anganwadi Sevika must be satisfied at the time of appointment. Subsequent change of residence or complaint by a rival candidate does not warrant removal without specific rule prohibiting such residence and without affording opportunity of hearing.

Judgment Excerpts

Subject-matter: Petitioner was appointed as Anganwadi Sevika at Padoshi village after due process corresponding to her topper position in the merit. Petitioner qualified the crucial condition by producing requisite documents. On the basis of such complaint, Petitioner came to be removed from the subject-matter post.

Procedural History

The petitioner was appointed as Anganwadi Sevika. Respondent no.4 complained about her residence. Based on the complaint, the petitioner was removed. She then filed the present Writ Petition before the Bombay High Court.