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NEUTRAL CITATION

C/SCA/5912/2022 JUDGMENT DATED: 23/03/2026

0.7106121277155858

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 5912 of 2022

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-

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Approved for Reporting Yes No ✓

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ARUNABEN SAVAJIBHAI PATEL & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR.HIREN M MODI(3732) for the Petitioner(s) No. 1,2,3,4 MR MANISH J PATEL(2131) for the Respondent(s) No. 3,4 MS. DHRUTI PANDYA, AGP for the Respondent(s) No. 1,2

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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 23/03/2026

JUDGMENT

1. RULE returnable forthwith. Ms. Dhruti Pandya, learned AGP for respondent Nos.1 & 2 as also Mr. Manish J. Patel, learned

advocate for respondent Nos.3 & 4, waive service of notice of Rule.

2. Heard Mr. Hiren M. Modi, learned advocate for the petitioners, Ms. Dhruti Pandya, learned AGP for respondent Nos.1 & 2 as also

Mr. Manish J. Patel, learned advocate for respondent Nos.3 & 4.

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NEUTRAL CITATION

C/SCA/5912/2022 JUDGMENT DATED: 23/03/2026

0.7106121277155858

3. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

4. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:-

“(a)Your Lordship may be pleased to allow the present petition by directing the respondents to undertake the promotion process from the post of “Anaganwadi Karyakar” to “Mukhya Sevika” immediately by way of issuing writ of mandamus and/or certiorari and/or any other writ,

order or directions.

(b) Your Lordship may be pleased to direct the respondent to consider the application dated 12/07/2021, 28/12/2021 and 11/01/2022 of the petitioner and direct the respondents to give promotion to the

petitioner.

(c) Your Lordship may be pleased to direct the respondents to consider the petitioners are eligible for promotion even after 1^st April 2022 since the petitioners are eligible for promotion since 2018 and no process

undertaken since then in spite of the vacancy available.

(d) Pending this petition, your lordship may be pleased to direct the respondent to start the process of promotion from “Anganwadi

Karyakar” to “Mukhya Sevika” since there is vacant post available.

(e) Such other and further reliefs as are deemed fit in facts and circumstances of this case may kindly be granted.

(f) To provide cost of this petition.”

5. The petitioners have aggrieved by not deciding their applications submitted with respondent No. 3 & 4, requesting them to undertake the exercise of nomination for the post of Mukhya

Sevika.

5.1 The petitioners are working as Aanganwadi workers with respondent No.3 and as per the Rules for nominating the names from

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NEUTRAL CITATION

C/SCA/5912/2022 JUDGMENT DATED: 23/03/2026

0.7106121277155858

Aanganwadi workers to Mukhya Sevika, first a provisional seniority list will have to be prepared and to be approved by the District Development Officer – respondent No.4 herein and upon its finalization, procedure for nomination will have to be undertaken by respondent No.3 and in turn, will be approved by respondent Nos.1

and 2 respectively.

5.2 In the present case, to undertake such procedure, it took long time for the reason that during the period between 2018 and 2026, there were matters pending before this Court, i.e., before the Single Judge and Division Bench, as the case may be, in relation to preparation of the seniority list by the respondents. Upon its conclusion, now the fresh seniority list will be prepared. In the meantime, all the petitioners have crossed the age bar of 45