IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT

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ON THE 19 OF JANUARY, 2026 WRIT PETITION No. 24340 of 2024 SWARUPA UIKEY Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sanjay Kumar Jain - Advocate for the petitioner.

Ms. Kanak Gaharwar - Government Advocate for the State.

Shri Abhinav Kumar Tiwari - Advocate for respondent No.5.

ORDER Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging impugned order dated 02.08.2024 contained in Annexure-P/1.

2. By said order second appeal preferred by respondent No.5 before Commissioner, Jabalpur was allowed and order dated

06.02.2024 passed by Collector, Seoni was set aside.

3. Brief facts of the case are that an advertisement was issued for appointment to the post of Anganwadi Worker in village- Ghoghra Nagan, Khamharia, Tehsil Lakhnadon District-Seoni (MP).

Pursuant to said advertisement, petitioner was appointed as Anganwadi Worker on 14.12.2022. Said appointment was canceled vide order dated 13.03.2023 on ground that petitioner was wrongly awarded 10 marks for Graduation. On reducing said marks, respondent No.5 was in No.1 position and she was given appointment. Petitioner challenged the said order in appeal before Collector, Seoni in Appeal No.29/appeal/2023-24. Collector, District Seoni vide its order dated 06.02.2024, set aside order dated 13.03.2023 and affirmed order dated 14.12.2022. Respondent No.5 preferred an appeal before Commissioner, Jabalpur. Commissioner vide its order dated 02.08.2024, found that petitioner has not completed her Graduation at the time of filing of application and marksheet of final year was also not filed. Marksheet of final year was dated 15.09.2022 which is after the cut-off date of application for post of Anganwadi Worker that was on 21.04.2022, therefore, order of Collector was set aside.

4. Learned counsel appearing for petitioner submitted that no objection was filed over provisional merit list prepared. Respondents had committed an error in passing an order on their own dated 13.03.2022. Commissioner had failed to take into account that marksheet was available on internet. In said circumstances, impugned order may be set aside.

5. Learned Government Advocate appearing for the State submitted that after appointment of petitioner records of candidates in relation to appointment of petitioner was scrutinized. It was found that petitioner had filed marksheet of first and second year. Ten marks were wrongly given to petitioner. After reducing ten marks, respondent No.5 secured first position in merit list. In view of same, order dated 13.03.2022 was passed. No fault can be found in the order of Commissioner.

6. Learned counsel appearing for respondent No.5 supported the impugned order and prayed for dismissal of the case.

7. Heard the counsel for the parties.

8. Only question before this court was whether marksheet of petitioner was issued prior to last date of submitting of application.

9. On going through the records of the case, it is found that Annexure-P/13 is B.A. final year marksheet. Date of issuance of marksheet is not mentioned in Annexure-P/13. Petitioner had filed an application for post of Anganwadi Worker on 20.04.2022. Petitioner is not able to place any document on record which can show that petitioner has done her graduation before cut-off date of filing of form/application that was on 21.04.2022. Commissioner has given finding of fact that date mentioned in marksheet of final year was 15.09.2022 which is after the last date of submitting form for applying for post of Anganwadi Worker. Since, aforesaid facts have been settled by Commissioner, therefore, this Court will not interfere in question of fact already decided. As per instructions of State Government issued for appointment of Anganwadi Worker, appeal could be preferred within period of 10 days after preparation of final list. It has not been mentioned in Clause-S-6 (Annexure-P/14) that