1 2025:CGHC:2442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 341 of 2025 1 - Smt. Kavita Kanwar W/o Shri Dharmendra Kanwar Aged About 23 Years R/o Village- Mahkoni, Gram Panchayat Khosda, Thana And Tahsil - Kasdol, Distt.- Balodabazar-Bhatapara (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Women And Child Development Department Mantralaya Mahanadi Bhawan Capital Complex Naya Raipur, Distt.- Raipur, Chhattisgarh 2 - Collector Balodabazar Distt. Balodabazar-Bhatapara (Chhattisgarh) 3 - Sub-Divisional Officer (Revenue) Kasdol, Distt.- Balodabazar- Bhatapara (Chhattisgarh) 4 - Chief Executive Officer Janpad Panchayat Kasdol, Thana And Tahsil Kasdol, Distt.- Balodabazar-Bhatapara (Chhattisgarh) 5 - The Project Officer Integrated Child Development Project Kasdol, Distt.- Balodabazar-Bhatapara (Chhattisgarh) 6 - Smt. Anarkali Paikra W/o Shri Surendra Kumar Paikra Aged About 25 Years R/o Village- Mahkoni, Gram Panchayat- Khosda, Thana And Tahsil- Kasdol, Distt.- Balodabazar-Bhatapara (Chhattisgarh) .. Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sunil Sahu, Advocate For State :- Ms. Nupur Trivedi, P.L. ------------------------------------------------------------------------------------------------ VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.01.2025 1. Heard. 2. The present petition has been filed by the petitioner for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to selection and appointment of Aanganbadi Sahayika at Aanganbadi Center Mahkoni, Gram Panchayat - Khosda, Thana & Tahsil - Kasdol, Distt. Balodabazar- Bhatapara (C.G.) from the office of respondent no. 5. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by setting aside/quashing the appointment-cum-selection order dated 18.11.2024 (Annexure P-1) issued by Respondent No. 5 in favour of Respondent No. 6. 10.3 That, any other /relief order which this Hon'ble Court may be deemed fit and proper in the facts and circumstances of the case including awarding of the heavy cost may also be passed in favour of the petitioner.” 3. Learned counsel appearing for the petitioner would submit that the respondent No.6 has been appointed on the post of Aanganwadi Sahayika in an illegal and arbitrary manner. It is submitted that the petitioner ought to have been selected for the said post as she has secured more marks than respondent No.6, however, the said aspect has not been considered by the respondent authorities. It is submitted that the residential certificate filed and annexed by the petitioner has been illegally torn out from the annexures of documents and, as such, the petitioner has been illegally ousted from the post and therefore, she has directly filed this writ petition 3 before this Court as it is apparent on the face of the record that illegality and arbitrariness has been committed by the respondent authorities while favouring the respondent No.6. 4. However when question was posed to counsel for the petitioner regarding the alternative remedy available to the petitioner, he submits that though there is an alternative remedy of filing an appeal before the Collector is available to the petitioner, but looking to the illegality committed by the respondent authorities, the petitioner has filed writ petition directly. 5. On the other hand, learned State counsel opposes the writ petition and submits that an alternative remedy of filing an appeal is available to the petitioner and accordingly, the petitioner should approach before the competent authority. 6. I have learned counsel for the parties and went through the documents annexed with the petition. 7. Considering the aforesaid aspect of the petitioner, this writ petition is dismissed with liberty to the petitioner to approach the concerned authority and if the petitioner files such application/appeal before the concerned respondent authority within a period of 15 days from today, then the concerned appellate or the competent respondent authority shall decide the matter within a period of two months, in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Vishakha