A petition challenging a remand order becomes infructuous or unsustainable if the administrative authority has already executed said order by appointing another candidate and the petitioner fails to challenge the subsequent appointment order.

Order on Board

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 That, this Hon'ble court may kindly be please to set aside the impugned order dated 2.12.2022 ANNEXURE P/1 passed by the respondent no.2 and allow the petitioner to continue on the post of Anganwari worker Center- Semali Janpad Panchayat- Balrampur Distt- Balrampur- Ramanujganj (C.G)

10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.”

2. Facts in brief are that an advertisement was issued by the Office of Project Officer/organizer Integrated Women And Child Development Project Balrampur, District Balrampur – Ramanujganj for appointment on the post of Anganbadi Worker, Center – Semali on 06.08.2018. The petitioner, respondent No. 8, intervenor and other eligible candidates submitted their applications. The application forms and documents were duly scrutinized by the selection committee, and accordingly, merit list was prepared. The petitioner herein secured 48.60 marks, whereas, Vibhavati Singh secured 49.8 marks, Sunita Devrani secured 51.40 marks and Kunti Singh secured 37.2 marks. The Chief Executive Officer issued an order of appointment in favour of Vibhavati Singh, which was challenged by the petitioner herein by filing an appeal before the Collector, Balrampur – Ramanujganj. The said appeal was disposed of vide order dated 24.03.2021, whereby, order of appointment issued in favour of Vibhavati Singh was cancelled and direction was issued to Chief Executive Officer to scrutinize the application forms and relevant documents and to redraw the merit list, strictly in accordance with the law. Pursuant to said order a fresh merit list was drawn and an order of appointment was issued in favour of the petitioner herein on 14.06.2021. The said order of appointment was challenged by Jyoti Singh by filing an appeal before the Collector, Balrampur – Ramanujganj, and said appeal was disposed of vide order dated 09.11.2022, whereby, order of appointment issued in favour of Punam Singh/petitioner was cancelled and direction was issued to the Chief Exeuctive Officer, Janpad Panchayat Balrampur to re-examine application forms and other relevant documents and to take a fresh decision with regard to appointment of Anganbadi Worker, strictly in accordance with the guidelines. Against order dated 09.11.2022, the petitioner herein preferred a revision before the Commissioner, which was dismissed vide order dated 02.12.2022 and against said order this petition has been preferred. An order of status-quo was passed in favour of the petitioner vide order dated 03.01.2023.

3. Learned counsel for the petitioner would submit that the petitioner is meritorious candidate, therefore, she was offered an appointment to the post of Anganbadi Worker. He would argue that the other candidates failed to submit relevant documents along with their application forms, but said fact was not considered either by selection committee or by the appellate authority. He would submit that the petitioner is still working on the post of Anganbadi Worker by virtue of interim order granted by this Court dated 03.01.2023. He would pray to allow this petition.

4. On the other hand, learned counsel appearing for respondents would oppose. Mr. Abhishek Singh, Panel Lawyer would submit that the Collector vide order dated 09.11.2022 cancelled the order of appointment of the petitioner and remitted back the matter to the Chief Executive Officer, Janpad Panchayat Balrampur to re-examine application forms and relevant d