J&K HC Upholds Cancellation of Anganwadi Promotion, Says Eligibility Must Exist on Vacancy Date

The Jammu & Kashmir and Ladakh High Court has dismissed a petition filed by one Nazneena Gowher challenging the cancellation of her promotion as an Anganwadi Worker, holding that she did not possess the requisite eligibility criteria on the date when the vacancy arose.

Justice Sanjay Dhar held that under Government Order No.07-SW of 2010, an Anganwadi Helper could be considered for promotion only if she had matriculation qualification and at least ten years of experience at the time of occurrence of the vacancy.

The petitioner had claimed promotion on the basis of her service as an Anganwadi Helper since 2006. However, the Court noted that the vacancy arose on 28 February 2014, when the petitioner had not completed the mandatory ten years of service.

The Court observed:

“The eligibility of the petitioner for promotion to the post of Anganwadi Worker has to be reckoned as on the date of accrual of the vacancy.”

The Bench further held:

“Admittedly, the petitioner, at the time of accrual of the vacancy, was not in possession of ten years’ experience as Anganwadi Helper.”

Rejecting the plea of violation of natural justice, the Court noted that the petitioner had been given an opportunity to submit her response during the enquiry process.

The Court observed:

“The fact that the petitioner has been allowed to submit her response/representation before taking any action against her satisfies not only the principles of natural justice but also the requirements of the order passed by this Court.”

The Court held that merely because the subsequent selection process did not yield eligible candidates, the petitioner could not claim entitlement to the post.

It observed:

“Merely because the official respondents could not find sufficient number of eligible candidates… the same does not alter the situation so far as eligibility of the petitioner for promotion is concerned.”

Finding no illegality in the cancellation order dated 17 October 2023, the Court dismissed the petition and vacated the interim protection granted earlier.