IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 10^th OF NOVEMBER, 2022 WRIT PETITION No. 1884 of 2020 BETWEEN:-

CHANDRWATI W/O SHRI MAHENDRA CHOURASIYA, AGED ABOUT 29 YEARS, OCCUPATION: AANGANWADI SAHAYIKA VILLAGE BARAIPURA TEHSIL AND DISTT.

NIWARI (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAKESH KUMAR JAIN, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

SECRETARY WOMEN AND CHILD DEVLOPMENT DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. ADDITIONAL COMMISSIONER SAGAR SAGAR REGION SAGAR (MADHYA PRADESH)

3. COLLECTOR TIKAMGARH DISTT. TIKAMGARH (MADHYA PRADESH)

4. PROJECT OFFICER WOMEN AND CHILD DEVELOPMENT DEPARTMENT NIWARI DISTT.

NIWARI (MADHYA PRADESH)

5. SMT. RASHMI W/O SHRI AMARSINGH CHOURSIYA VILLAGE BARAIPURA TEH. AND DISTT. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRADEEP SINGH, GOVERNMENT ADVOCATE AND SHRI LAXMI CHANDRA CHOURASIA, ADVOCATE )

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

ORDER

Signature Not Verified Signed by: SHUBHAM The petitioner has filed this petition while praying for following relief :

i. That this Hon'ble High Court may kindly be pleased to call for the entire records pertaining to the "Aanganwadi Sahayika" Aanganwadi Kendra/Ward Baraipura, for perusal of this Hon'ble Court.

ii. That this Hon'ble High Court may kindly be pleased to issue a writ of Certiorari for quashing the order passed by the Additional Commissioner dated 16.01.2020 in Appeal/1702/A-89- 2017-18 (Annexure P/1) by which the order passed by the reasoned and lawfully order passed by the Collector dated 05.04.2016 has reverted and re-appointed to the respondents No.5 in the larger interest of justice.

iii. Any other relief which the Hon'ble Court deems fit and proper under the facts and circumstances of this case together with compensatory cost upon the respondents in the interest of justice.

The facts in nutshell as detailed in the petition reveal that the present petitioner as well as private respondents participated in the process of selection against the post of "Aanganwadi Sahayika" in Aanganwadi Kendra/Ward Baraipura Gram Panchayat Tehsil Niwari District Tikamgarh (M.P.). After the process of selection, the Project Officer Integrated Child Development Project, Niwari passed an order dated 04.03.2014 by which the private respondent herein namely Smt. Rashmi Chaurasiya was appointed as "Aanganwadi Sahayika". The said order dated 04.03.2014 was challenged by the present petitioner by filing an appeal before the Collector, Tikamgarh. The Collector, Tikamgarh vide order dated 05.04.2016 allowed the appeal preferred by the present petitioner and set aside the order dated 04.03.2014 and also directed the Project Officer ( Integrated Child Development Project, Niwari, Tikamgarh) to Signature Not Verified Signed by: SHUBHAM pass an appointment order of the petitioner herein. Assailing the order dated 05.04.2016 passed by Collector, Tikamgarh, respondent No.5 preferred a second appeal before the Additional Commissioner Division-Sagar and the Additional Commissioner Division-Sagar vide order dated 16.01.2020 reversed the findings arrived at by the Collector vide order dated 05.04.2016 and set aside the same and maintained the order passed by the Project Officer dated 04.03.2014. Assailing the order dated 16.01.2020 which is contained in Annexure P/1 passed by Additional Commissioner Division-Sagar, this petition is filed.

The counsel for petitioner contends that the Collector, Tikamgarh, Niwari while appreciating the entire record rightly passed an order while scrutinizing the interpolation in BPL Card which is at Page No.22 (Annexure P/4). It is contended by learned counsel for petitioner that BPL Card which is contained in Annexure P/4 Page No.20 reflected that the head of the family was Shri Kripa Ram Chourasiya and there were details of four members mentioned on the back page of the said card itself and in which Shri Kripa Ram Chourasiya was mentioned as h