IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 3 rd OF NOVEMBER, 2023 WRIT PETITION No. 28051 of 2023 BETWEEN:-

ANJO BAI W/O SHRI ANAND KUMAR, AGED ABOUT 29 YEARS, OCCUPATION: PROFESSION ASHA WORKER R/O VILLAGE NAYA KHEDA, TEHSIL RITHI, DISTRICT KATNI (MADHYA PRADESH)

.....PETITIONER (BY SHRI PARESH PAREEK - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY PUBLIC HEALTH AND FAMILY WELFARE DEPT. MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE ADDI. COLLECTOR KATNI DISTRICT KATNI (MADHYA PRADESH)

3. THE CHIEF MEDICAL OFFICER COMMUNITY HEALTH CENTRE RITHI KATNI DISTRICT KATNI (MADHYA PRADESH)

4. GRAM PANCHAYAT NAYA KHEDA TEHSIL RITHI THROUGH ITS SECRETARY DISTRICT KATNI (MADHYA PRADESH)

5. SMT TARA BAI W/O UMESH PATEL R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

6. SMT DEEPA BAI W/O ASHARAM R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

7. SMT SAPNA BAI W/O RAMESH R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

8. SMT LAXMI BAI W/O NATTHU R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

9. SMT POONAM W/O BHAGIRATH R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

10. SMT RADHA BAI W/O BRIJENDRA LODHI R/O VILLAGE NAYAKHERA TEHSIL RITHI DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ANSHUL TIWARI – PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 21.9.2023 passed by the respondent no.2 in Revenue Case No.77/estb./appeal/Anganwadi/2019-20 by which the appointment of the petitioner on the post of Anganwadi Worker has been cancelled on the ground that the petitioner was not a meritorious person and there is nothing on record to show that to whom Deepa Bai (meritorious candidate) had given her consent.

2. This is second petition in number. The first petition was filed by the petitioner which was registered as W.P.No.26506/2023 which was dismissed as withdrawn by order dated 25.10.2023 with liberty to file a properly constituted writ petition. In the earlier writ petition also, the petitioner had not filed a copy of the order by which respondent no.6 was removed from the said post. Accordingly, the petitioner was permitted to withdraw the petition liberty to file a properly constituted writ petition with all necessary documents.

3. The petitioner has now filed a copy of the order dated 21.10.2023 to show that in the Asha Portal it is being reflected that prior to 2019 the respondent no.6 was removed on account of some reason. It is submitted by counsel for the petitioner that reasons for removal of respondent no.6 from the post of Anganwadi Worker is not known but once the respondent no.6 was removed from the post of Anganwadi Worker then she is debarred from participating in any subsequent recruitment proceedings and, therefore, having scored 59.3 marks, the petitioner was the most meritorious candidate as the Deepa who had scored 62 marks was not eligible for consideration. It is further submitted that once Deepa had also given her consent to the effect that she would not challenge the appointment of the petitioner, therefore, she is estopped from doing the same. She is not entitled for appointment on the post of Anganwadi Worker, 4. Heard the learned counsel for the petitioner.

5. Undisputedly, the reasons for removal of respondent no.6 from the post of Anganwadi Worker are not known. Whether the removal would make her ineligible for her future appointment is also not known. There may be various reasons for removal like not holding the minimum qualification on cutoff date or on the last date for submission of application form etc. Unless and until a person is held ineligible for future recruitment, no-one can be debarred from participating in the subsequent recruitment process. Merely because respondent no.6 wa