Bombay High Court
SMT. DWARKABAI SUNIL BAGEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS
- Disposal
- Disposed Off
Holding
The termination was upheld as valid because the petitioner was under 18 when appointed, violating the age condition in the appointment letter.
Summary
The petitioner, Smt. Dwarkabai Sunil Bage, filed a writ petition challenging her termination as an Aanganwadi Sevika in Solapur district. Respondents argued that she was appointed while under 18 years of age, violating the age eligibility condition stipulated in Clause 11 of her appointment letter, which provides for termination if any false information is given. The court examined the school leaving certificate and the appointment letter, confirming that the petitioner was indeed under 18 at the time of appointment. Consequently, the court found no merit in the petition and dismissed it. No costs were awarded.
Issues considered
- Whether the termination of the petitioner’s services as Aanganwadi Sevika was valid given that she was under the required age of 18 at the time of appointment.
Subjects
- age eligibility
- employment termination
- Aanganwadi Sevika
- writ petition
- service termination
- appointment letter
Judgment
2026:BHC-KOL:7690-DB
17.WP.1223.2016.odt
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1223 OF 2016
Smt. Dwarkabai Sunil Bage ...Petitioner
Versus
The State of Maharashtra and Others ...Respondents
***
Mr. Amit Sale a/w Ms. Sayali Mane, Advocate for the Petitioner.
Mr. A. I. Patel, Addl.GP a/w Mr. A. P. Vanarase, AGP for Respondent –
State.
Mr. Ashok Misal, Advocate for Respondent Nos.2 and 3.
***
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 18 AUGUST, 2026.
P. C. :
1. By the present writ petition, the petitioner is seeking to
quash and set aside the order dated 26 August 2015 passed by
respondent No.3 on the basis of the approval dated 24 August 2015
passed by respondent No.2, thereby terminating the services of the
petitioner as Aanganwadi Sevika (helper) at village Wadachiwadi
(U.B.), Taluka Madha, District Solapur.
2. By a reply filed by respondent Nos.2 and 3, it has been
averred that the petitioner had applied for the post when she had not
completed 18 years of age. The appointment letter itself specifically
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17.WP.1223.2016.odt
stated in Clause 11 that if any information given by the candidate was
found to be false, the candidate would not be eligible to continue in
the post and would be terminated. The learned counsel appearing for
respondent Nos.2 and 3 has shown us the said appointment letter,
which is attached to page No.15. He has also shown us the school
leaving certificate of the petitioner, which is at page No.14. From the
said school leaving certificate and the appointment letter, it can be said
that the petitioner had not completed 18 years of age when she was
appointed to the post of Aanganwadi Madatnis (helper).
3. In view of the same, we do not find any merit in the writ
petition and the same stands dismissed. No order as to costs.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
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