Digitally signed by SHAYNA 2026:CGHC:3727 KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8986 of 2023

1 - Suraj Bai Rathiya W/o Bhupendra Singh Rathiya Aged About 25 Years Caste Kanwar, Resident Of Chainpur, Tahsil Kartala, Korba, District : Korba, Chhattisgarh ... Petitioner(s)

versus

1 - Durga Bai Rathiya W/o Devendra Prakash Rathiya Aged About 27 Years Caste Kanwar, Resident Of Chianpur, Tahsil Kartala, Korba, District : Korba, Chhattisgarh

2 - Chief Executive Officer Janpad Panchayat Kartala,, District : Korba, Chhattisgarh

3 - Project Officer Integrated Child Development Project Kartala, District : Korba, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Anway Tiwari, Panel Lawyer For Resp. No. 1 : Mr. Shahdev Yadav, Advocate appearing on behalf of Mr. C. J. K. Rao, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

21/01/2026

1. The present writ petition is being filed seeking following reliefs:-

“(i) That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case.

(ii) That, this Hon'ble Court may kindly be pleased to issue writ/or writs/order/or orders, to quash impugned order dated 10.10.2023 (Annexure P-1) passed by the learned Upper Commissioner Bilaspur Division Bilaspur Chhattisgarh, in Appeal case no. 63/A-

89/2022-2023, interest of justice.

(iii) Any other relief which may be suitable in the facts and circumstances of the case including cost of the petition, may also be granted.”

2. Facts of the case, in a nutshell, are that the respondent No. 1 preferred a revision petition before the learned Upper Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh, challenging the order dated 18.05.2023 passed by the learned Collector, Korba, Chhattisgarh. Respondent No. 2 had issued an advertisement for the post of Aanganwadi Worker pursuant to letter dated 02.04.2008. In response to the said advertisement, the petitioner applied for the post of Aanganwadi Worker, possessing all requisite qualifications as prescribed under the terms and conditions of the advertisement. After due verification of all relevant documents, the petitioner was duly selected and appointed on the post of Aanganwadi Worker vide order dated 16.09.2022. In compliance thereof, the petitioner joined her duties on 20.09.2022. Respondent No. 1 preferred an appeal before the learned Collector, Korba, against the appointment order dated

16.09.2022. After due consideration of the material available on record, the learned Collector rejected the said appeal vide order dated 18.05.2023. Being aggrieved by the order dated 18.05.2023 passed by the learned Collector, Korba, respondent No. 1 filed a revision petition before the learned Upper Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh. The learned Upper Commissioner, without properly appreciating the material available on record, allowed the revision petition vide impugned order dated 10.10.2023 passed in Appeal Case No. 63/A- 89/2022-2023. The impugned order dated 10.10.2023 passed by the learned Upper Commissioner is illegal, erroneous, arbitrary, and contrary to settled principles of law, and has been passed without proper consideration of the facts and evidence on record. The petitioner has no efficacious or alternative remedy available except to invoke the extraordinary jurisdiction of this Court.

Hence, the present petition is being filed.

3. Learned counsel for the petitioner submits that the impugned order dated 10.10.2023 (Annexure P-1) passed by the learned Upper Commissioner, Bilaspur Division, Bilaspur, Chhattisgarh, is wholly illegal, erroneous, arbitrary, and contrary to law, and therefore deserves to be quashed and set aside. It is further submitted that the petitioner had applied for the post of Aanganwadi Worker along with all requisite documents strictly in accordance with the terms and conditions of the advertiseme