WP(C) 2390/2009 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. MA Sheikh, learned counsel for the petitioner as well as Mr. A. Roshid , learned counsel for the respondent No. 8. I have also heard Mr. J. Singh, lear ned Standing Counsel, Social Welfare Department. The petitioner who was appointed as Anganwadi Helper by letter of appointment da ted 12.8.2008 is aggrieved by the Annexure-6 order dated 30.4.2009 by which her appointment as such has been cancelled. The petitioner was appointed for the voluntary services of Anganwadi Helper for the center called Mornoi Singimari Char (Ujanpara) No. 191 Anganwadi Center. As per the requirement of the criteria laid down for appointment of Anganwadi Worke r/Helper a candidate for the assignment was to be within the age range of 18 yea rs to 44 years as of 1.1.2007. After the appointment of the petitioner, there was some complaint regarding her educational qualification and age. It was alleged that she had submitted fictiti ous documents pertaining to her school education and recording of age therein. A s per the allegation, the petitioner was under aged for the assignment of Anganw adi Helper. After the said complaint, an enquiry was conducted and the enquiry revealed that the allegation was correct. Accordingly a show cause notice was issued to the p etitioner on 12.8.2008 asking her to furnish reply as to why her voluntary servi ce as Anganwadi Helper in the particular center should not be cancelled. In response to the said show cause notice, the petitioner submitted her reply de nying the allegations made in the show cause notice. As against the allegation i n the show cause notice that she had falsely claimed her date of birth to be 24. 5.1985 as against the actual date 1.3.1987, the stand of the petitioner in her r eply was that as per the school certificate, her date of birth is 24.5.1985 and not 1.3.1987. As regards the allegation in the show cause notice that the earlier certificate issued by the Headmaster was cancelled and/or withdrawn, the plea of the petitio ner was that she was issued with another certificate on 25.8.2008 by the Headmas ter of the school. It will be pertinent to mention here that the employment noti ce was issued on 27.2.2007 specifying the age limit of 18 to 44 years as on 1.1. 2007 and the last date of receipt of applications was 9.3.2007. The authority in consideration of the aforesaid show cause notice and the reply thereto, passed the impugned order dated 30.4.2008 (Annexure-6) canceling the ap pointment of the petitioner as Anganwadi Helper. Hence this writ petition. Counter affidavits have been filed by the respondents No. 4 and 8. Along with th e counter affidavit filed by the respondent No. 4, the particular enquiry report has been enclosed. For a ready reference, the enquiry report is reproduced belo w: ENQUIRY REPORT OF MORNOI SINGIMARI (UZANPARA) A.W.C. UNDER MATIA ICDS PROJECT. DIST.-BARPETA Summary of the complaint: That the selected candidate Smt. Rahima Khatun secured her selection for the post of AWH by submitting false certificate in respect of her education qualification. FINDINGS: Smt. Rahima Khatun submitted a school certificate bearing Sl. No. 34 i ssued on 9.9.2007 by the Headmaster, Baguan Kheropara High School, Kathalbari, P .O. Chechapani Dist.-Goalpara, along with her application wherein her education qualification is class nine passed but this certificate did not bear the counter signature of the concerned Asst. Inspector of Schools, Goalpara, on the other h and tamper on the certificate is quite visible. 2. The Headmaster of the above school issued another certificate sl. No. 111 to the same person on the same date i.e. 9.9.2007 and was countersigned by Asst. In spector of Schools, Goalpara, on 26.10.2007 i.e. after completion of the entire selection process and the copy of this certificate was found along with the appl ication of the selected candidate in eh office of the CDPO, Matia ICDS Project. 3. That the date of birth of Smt. Rahima Khatun according to the above two certi ficates is 24.5.1985 but according to the Head Master of Garuporatari LP School where she completed her primary education, her date of birth is 1.3.1987 and as per this certificate her age as on 1.1.2007 was 17 years 10 months only and she was not illegible to apply but on the strength of the above two certificate she secured her selection. On verification of the records, the above illegalities and irregularities on the part of the candidate came to light. Therefore, I met the Headmaster and all th e members of the school managing committee of Boguan Kheropara High School on 26 .11.2007 and on appraisal of the above misdeed of the headmaster, the managing c ommittee members and teaching staff of the school asked the headmaster to prove that the said Rahima Khatun was admitted in the school and she was reading in th e school as mentioned in the certificate but the headmaster failed to prove it. At this point the president of the managing committee asked the headmaster to ca ncel the above two certificates for all purpose and warned the headmaster to des ist himself from such type of malpractice in future. Accordingly, the headmaster issued two letters address to the Asst. Inspector of Schools, Goalpara, wherein he cancelled the certificates issued to Smt. Rahima Khatun for all purpose. Hence, practically there is no any authentic school certificate in respect of ed ucational qualification etc. of Smt. Rahima Khatun who fraudulently obtained sch ool certificate and subsequently cancelled by the headmaster. Therefore, the selected candidate Smt. Rahima Khatun should be removed from the post of AWH and the other candidate Smt. Sahida Pradhani W/o Md. Aksad Ali at sl . No. 106 who secured second highest marks be allowed to replace Smt. Rahima Kha tun. The petitioner has placed reliance on Annexure-1 transfer certificate issued und er sl. No. 111 dated 10.9.2007 in which her date of birth was shown as 24.5.1985 . However, as reflected in the enquiry report, the said certificate was cancelle d as the same was issued without any basis whatsoever. Interestingly, as against the petitioner placing reliance on Annexure-9 certificate dated 25.8.2008 purpo rtedly issued by one Ala Uddin Ahmed, Headmaster, Gorupuratari Primary School, t he same very Headmaster had issued another certificate on 29.10.2007 (Annexure-R /1 to the additional affidavit filed by the respondent No. 8) In both the certif icates, the age and date of birth of the petitioner have been shown differently. Thus, it became a matter of convenience for the petitioner to obtain as many ce rtificates as was required from the school authority to suit her purpose. The whole basis of the claim of the petitioner being Annexure-1 transfer certifi cate dated 10.9.2007 issued under sl. No. 111 and the said certificate having be en cancelled by the same very authority, the entire case of the petitioner falls through. Moreover, the date of birth certificate, which was dated 10.9.2007 has a significant bearing. As noticed above, the employment notice was issued on 27 .2.2007 fixing the last date of submission of applications as 9.3.2007. On the o ther hand, the certificate on which the petitioner has placed reliance is dated 10.9.2007, which is beyond the last date of submission of applications. The power of judicial review under Article 226 of the Constitution of India cann ot extend to a roving enquiry. The authority having conducted the required enqui ry to find out the veracity or otherwise of the complaint lodged against the pet itioner and the said enquiry report having revealed the falsity of the claim of the petitioner, Writ Court cannot sit on appeal over such finding. Coupled with the above, the petitioner was also given an opportunity of being he ard by way of issuance of show cause notice. It was only after following such a procedure established by law the assignment of Anganwadi Helper earlier given to the petitioner has been cancelled. If the petitioner had read in the particular school, there should not have been any difficulty on her part to obtain a certificate furnished with all relevant p articulars, but instead, the certificates on which the petitioner has placed rel iance, itself will go to show that those certificates are not genuine. For all the aforesaid reasons, I do not find any infirmity in the impugned order and consequently no relief can be granted to the petitioner. The writ petition is dismissed. Dismissal of the writ petition will not lead to an end of the entire episode. As per the enquiry report referred to above, there was fraudulent issuance of scho ol certificates. That apart, as noted above, it was a matter of convenience for the Headmaster of the school namely Garupuratari Primary School to issue certifi cates on different occasions, one of which is dated 29.10.2007 (Annexure-G to th e additional affidavit filed by the respondent No. 8) and the other one is dated 25.8.2008 furnishing different particulars regarding the age etc. Issuance of s uch certificates at will has led to the present situation for which the responsi ble school staff cannot absolve from their responsibility and liabilities. Simil arly if the petitioner have indulged in activities leading to fraudulent issuanc e of school certificates, she will also be responsible for such activities. Considering all the above aspects of the matter, while parting with the case rec ords, I direct the CDPO, Matia ICDS Project (respondent No. 4) to lodge an FIR w ith the jurisdictional Police Station said to be Matia Police Station enclosing a copy of the enquiry report referred to above. On the basis of the FIR being lo dged, the jurisdictional Police Station and the officials therein entrusted with the task shall made necessary investigation and thereafter shall proceed in acc ordance with law. At this stage, Mr. MA Sheikh, learned counsel for the petitioner submits that ev en if the appointment of the petitioner is cancelled, the respondent No. 8 canno t be appointed, she being not a selected candidate. The authority shall consider this aspect of the matter on the basis of the relevant materials pertaining to the selection. Let a copy of this order be furnished to Mr. J. Singh, learned Standing Counsel, Social Welfare Department.