IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

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ON THE 19 OF JANUARY, 2026 WRIT APPEAL No. 2268 of 2025 SMT SUNITA GURJAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri S.S. Bansal - learned counsel for appellant.

Shri Shailendra Singh Kushwah - learned Government Advocate for respondent/State.

Shri Rishikesh Bohare - learned counsel for respondent No.4.

ORDER Per: Justice Anand Singh Bahrawat:

This intra-Court appeal, under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005, assails the order dated 17/07/2025 passed by the learned Single Judge in W.P. No.5661/2025;

whereby, the writ petition filed by petitioner/appellant has been dismissed.

2. In the year 2013, the respondent/Project Officer, Integrated Child Development Project, Chanchoda, District Guna, issued a notification inviting applications for appointment to the post of Aanganwadi Worker at Aanganwadi Centre, Kekadibiran, Tehsil Chanchoda, District Guna. Appellant and other candidates applied for the said post and after completion of the selection process, appellant was declared selected vide order dated

11.11.2016. Thereafter, respondent No.4- Laxmi Bai submitted her objection before the District Level Committee against the selection/appointment of appellant on the allegation that respondent No.4- Laxmi Bai is a more meritorious candidate than appellant and that the High School mark-sheet of appellant is forged and concocted. The Committee rejected the objection. Thereafter, respondent No.4- Laxmi Bai preferred an appeal before the Additional Collector, District Guna and the said appeal was partly allowed vide order dated 13.04.2017 whereby the appointment of appellant was cancelled on the ground that her High School mark-sheet appeared to be forged and concocted. Thereafter, appellant filed another appeal against the order dated 13.04.2017 passed by the Additional Collector before the Additional Commissioner, which was dismissed vide order dated 19.09.2017. Thereafter, the appellant/petitioner filed Writ Petition No. 18851/2017 before the Single Bench of the High Court and the said petition was disposed of vide order dated 13.11.2017, whereby the Collector, Guna, was directed to decide the pending appeal as expeditiously, preferably within a period of eight weeks. It was further directed that till the appeal is decided, the status quo with regard to the service conditions of appellant, as existed on that date, shall be maintained by the parties. Since no appeal was pending before the Collector, as the same had already been disposed of vide order dated 13.04.2017 and the matter had been remanded to the concerned authorities to proceed afresh for making appointment to the post of Aanganwadi Worker, respondent No.4- Laxmi Bai, seeking appropriate clarification in the said order, filed Review Petition No. 264/2018. The same was disposed of vide order dated 15.12.2022 with a direction to the respondent/Project Officer, Integrated Child Development Project, Chanchoda, District Guna, to comply with the directions contained in the order dated 13.11.2017, in view of the order of the Collector, District Guna, expeditiously. Thereafter, on 27.12.2022, respondent No.4 submitted a representation before the respondent/Project Officer, Integrated Child Development Project, Chanchoda, District Guna, seeking compliance of the order dated 13.04.2017 passed by the Collector, Guna, for initiating a fresh appointment to the post of Aanganwadi Worker, as directed by the Hon’ble Court vide order dated 15.12.2022. Respondent No.4 also submitted another representation dated 11.01.2023 before the Collector, District Guna. Thereafter, respondent No.3, in compliance with the order passed in Review Petition No. 264/2018, passed an order dated 06.04.2023 and held that the appointment of the appellant as Aanganwadi Worker is legal and valid. It is further submitte