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2026 Supreme(Online)(Chh) 21122
HIGH COURT OF CHHATTISGARH AT BILASPUR
Naresh Kumar Chandravanshi, J
ANITA GUPTA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS No. 4112 of 2023
For the Appellants/Petitioners: Kishore Narayan
For the Respondents: Vartika Shrivastava, Siddhant Das, Soniya Kuldeep
A writ petition is not maintainable when an efficacious alternative remedy is available under the governing departmental instructions or statutes.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging an appointment order dated 16.06.2023 for the post of Aanganwadi worker, contending that despite securing higher marks than the selected candidate, the appointment was denied for invalid reasons. The primary issue was whether the writ petition is maintainable given the existence of an alternative remedy. The court observed that Clause 11(b) of the Instructions issued by the Women and Child Development Department, Government of Chhattisgarh on 02.04.2008, provides for an appeal before the Sub Divisional Officer (Revenue). Accordingly, the petition is disposed of, granting liberty to the petitioner to prefer an appeal before the concerned Appellate Authority in accordance with Clause 11 of the aforementioned Instructions/Guidelines within a period of 30 days from today.
| Table of Content |
|---|
| 1. challenge to appointment order based on merit and marks. (Para 1 , 2) |
| 2. non-maintainability of writ petition due to available alternative remedy. (Para 3 , 4) |
| 3. grant of liberty to pursue statutory appeal without penalty for delay. (Para 5 , 6 , 7) |
Order on Board
1. This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:-
"10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus setting aside appointment order dated 16.06.2023 (Annexure P/9), in the interest of justice.
10.2 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to appoint the petitioner in the post of aanganwadi worker for posting at aanganwadi center at ward no. 9, Nagar Panchayat Kusiand further direct to grant all consequential benefits to the petitioner, in the interest of justice.
10.3 Any other relief which this Hon'ble Court may deem and proper in the present circumstances of the case."
2. The main ground of challenge appears to be that the petitioner acquired higher marks than respondent No. 7, yet he was deprived of the appointment for invalid reasons.
3. At the outset, learned counsel for the respondents submits that the impugned order dated 16.06.2023 (Annexure-P/9) is appealable before the concerned Appellate Authority/Sub Divisional Officer (Revenue) as per Clause 11(b) of the Instructions (Annexure-P/10) issued by the Women and Child Development Department, Government of Chhattisgarh on 02.04.2008. Hence, in view of this alternative remedy, the petition is not maintainable.
4. Considering the submissions made by learned counsel for the respondents and the Instructions dated 02.04.2008 issued by the State, this Court is of the view that an efficacious alternative remedy is available to the petitioner under Clause 11 of the aforementioned Instructions. Hence, this Court is not inclined to entertain this petition at this stage.
5. Accordingly, the petition is disposed of, granting liberty to the petitioner to prefer an appeal before the concerned Appellate Authority in accordance with Clause 11 of the aforementioned Instructions/Guidelines within a period of 30 days from today. It is further observed that in the event such an appeal is filed by the petitioner, the concerned Authority shall decide the same expeditiously, preferably within a period of 45 days from the date of filing in accordance law.
6. It is also observed that since this writ petition has been pending before this Court since 04.07.2023, the concerned Appellate Authority shall not insist upon the delay in filing of appeal.
7. Pending application, if any, stands disposed of.
