2025:CGHC:58449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4550 of 2020 Shushila Baghel D/o Shri Ram Das Baghel, aged About 50 years R/o Village Malkharoda, Tahsil Malkharoda, District Janjgir Champa Chhattisgarh ... Petitioner versus

1. State Government of Chhattisgarh Through The Secretary, Mahila and Bal Vikash Department Ministry, Atal Nagar, Capital Complex , Mahanadi Bhawan, Police Station Rakhi, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Shakuntala Ajmale W/o Shri Ram Naresh Ajmale R/o Village Malkharoda, Tahsil Malkharoda, District Janjgir Champa Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat, Malkharoda, District Janjgir Champa Chhattisgarh

4. Pariyojana Adhikari, Ekikrit Bal Vikash Pariyojana, Malkhorada District Janjgir Champa Chhattisgarh ... Respondents For Petitioner : Shri Vinod Kumar Sharma, Advocate For Respondent Nos. 1& 4: Ms. Shailja Shukla, Dy. GA For Respondent No. 2 : Shri N.K. Malviya, Advocate For Respondent No. 3 : Shri Sushil Dubey, Advocate (Hon’ble Shri Justice Sachin Singh Rajput)

Order on Board dated 02.12.2025 Challenge in this Writ Petition is to the order dated 02.01.2020 passed by Additional Commissioner, Bilaspur Division, CG in Revision Case No. 43- A-89/2018 by which the revision preferred by respondent No.2 was allowed and the order passed by the Collector on 27.05.2019 partly allowing the appeal filed by the petitioner herein was set aside.

2. Factual backdrop: recruitment process for appointment of Anganwadi Workers in various Anganwadi Centers of Malkharoda, District Janjgir Champa was initiated by respondent No.4. Petitioner and respondent No.2 made application for consideration of their case for appointment on the said post in Anganwadi Centre – 2 Malkharoda. Select list was prepared according to which the petitioner had obtained 62.32 marks whereas respondent No.2 obtained 57.64 marks, but instead of petitioner, respondent No.2 was given appointment. It was challenged by the petitioner by filing an appeal before the Collector alleging that by making interpolation in her application, appointment of respondent No. 2 as Anganwadi Worker was made. The Collector vide order dated 27.05.2019 (Annexure P-2) directed the Chief Executive Officer, Janpad Panchayat, Malkharoda to place the applications of all the candidates who had applied for the post of Anganwadi Workers for Anganwadi Centre – 2 Malkharoda with all their testimonials before the Select Committee, and after the enquiry by the Select Committee was over, to give appointment to the candidate placed at S.No.1 as per the letter dated 02.04.2008 issued by the Mahila and Bal Vikas Mantralaya, DKS Bhawan, Raipur. An enquiry was conducted by respondent No.4 in which it is purportedly found that there was some interpolation in the application form of the petitioner. Subsequently, the finding recorded by the Collector was dislodged by the Commissioner, Bilaspur Division, and it is this order which is under assail in this petition.

3. Learned counsel for the petitioner submits that from the application of the petitioner (Annexure P-4) it is apparent that she had applied for the post of Anganwadi Worker of Anganwadi Centre- 2 but the select list (Annexure P- 5) wrongly mentions that she had applied for Anganwadi Centre – 1. He submits that learned Commissioner has committed a grave error in setting aside a well reasoned order passed by the Collector directing to give appointment to the candidate at S.No.1 in the select list, without ascertaining the fact that after the enquiry made by the select committee, it was found that some interpolation was there in the application form of the petitioner. According to learned counsel for the petitioner, the respondent No.2 has committed similar fraudulent act with the other candidates as well and obtained the appointment in her favour. He thus submits that the order impugned being palpably illegal and arbitrary is liable to be set aside, and the petitioner who had secu