2025:CGHC:59112-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 258 of 2025 Smt. Rajkumari Gendele W/o Suraj Gendele, aged about 32 years R/o Village - Mudhipar, Tehsil - Bilha , District - Bilaspur (C.G.) (Respondent No. 4)

... Appellant versus

1 - State of Chhattisgarh Through - Secretary, Its Department of Panchayat, Mantralaya Bhawan, Atal Nagar, New Raipur, District -

Raipur, Chhattisgarh ROHIT KUMAR 2 - Chief Executive Officer Janpad Panchayat Tehsil Bilha, District -

CHANDRA Digitally signed Bilaspur (C.G.)

by ROHIT KUMAR CHANDRA

3 - Project Officer Integrated Child Development Scheme, Tehsil - Bilha, District Bilaspur (C.G.)

4 - Sarpanch Village Panchayat Mudhipar, Tehsil - Bilha, District-

Bilaspur (C.G.)

5 - Kumari Maheshwari Soni D/o Salikram Soni, aged about 21 years R/o Village - Mudhipar, Tehsil - Bilha, District - Bilaspur (C.G.), (Petitioner)

... Respondents For Appellant : Ms. Seema Singh, Advocate For Respondent/State : Mr. S.S. Baghel, Dy. Advocate General For Respondent No.5 : Mr. Ashok Kumar Shukla and Mr. Vikash Ghritlahre, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

0 5 . 12 .202 5

1. Heard Ms. Seema Singh, learned counsel for the appellant. Also heard Mr. S.S. Baghel, learned Deputy Advocate General, appearing for the State/respondent and Mr. Ashok Kumar Shukla along with Mr. Vikash Ghritlahre, learned counsel, appearing for respondent No.5.

2. By way of present writ appeal under Section 2 of Sub-Section (1)

of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the appellant, who was respondent No.4 in the writ petition has challenged the order dated 25.02.2025 passed by learned Single Judge in WPS No.1444 of 2018 (Kumari Maheshwari Soni Vs. State of Chhattisgarh and Others), by which the writ petition filed by the writ petitioner/ respondent No.5 herein has been allowed in part by the learned Single Judge.

3. Brief facts necessary for disposal of the appeal are under :

(a) An advertisement for one post of Anganwadi Worker, Centre Mudhipar, Janpad Panchayat Bilha, District Bilaspur was published by Chief Executive Officer, Janpad Panchayat Bilha on 30.09.2014. The last date for the submission of the application form was 21.10.2014. Four candidates submitted their applications including the appellant and writ petitioner / respondent No.5 herein.

(b) The writ petitioner was appointed vide order dated 09.12.2015 as she was at serial No.1 on the select list. The appellant preferred an appeal before the concerned Collector challenging therein the order of appointment issued in favour of the writ petitioner. The Collector vide order dated 12.04.2017 allowed the appeal preferred by the appellant and cancelled the appointment of the writ petitioner inter alia on the ground that the writ petitioner was wrongly awarded ‘10 marks’ for her caste, as the temporary caste certificate was issued on 03.02.2014 which was effective for a period of six months which expired on 03.08.2014, whereas the last date for the submission of the application form was 21.10.2014.

(c) The writ petitioner challenged the said order by filing an appeal before the Commissioner, Division Bilaspur and the same was dismissed vide order dated 30.08.2017 affirming the findings recording by the Collector.

(d) Being aggrieved by the same, the writ petitioner has preferred a writ petitioner before this Court being WPS No. 1444 of 2018, which was allowed in part by the learned Single Judge vide impugned order dated 25.02.2025, setting aside the impugned orders passed by the Collector and affirmed by the Commissioner and directed the respondent authorities to issue an appointment order in favour of the writ petitioner forthwith.

4. Being aggrieved by the same, present appeal has been filed by the appellant / respondent No.4 in the said writ petition.

5. This Court vide order dated 06.05.2025 has directed the District Magistrate, Bilaspur to file his perso