1 2025:CGHC:54692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4761 of 2023 1 - Menka Gond D/o Sawan Singh Gond Aged About 27 Years R/o Mandragodhi, Tahsil Admaar, P.S. Sakti, Caste Gond, District Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur District Raipur (C.G.) 2 - The Director Directorate, Women And Child Development, Raipur (C.G.) 3 - The District Programme Officer And Child Development Officer Department Of Women And Child Development, District Sakti (C.G.) 4 - The Project Officer Integrated Child Development Scheme, Maalkharoada District Sakti (C.G.) 5 - The Chief Executive Officer Janpad Panchayat, Maalkharoad, District Sakti (C.G.) 6 - The District Collector District Sakti (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Sachin Nidhi, Advocate ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 For Respondent(s) : Mr. Dashrath Prajapati, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 10.11.2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire record pertaining to the case of petitioner for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority decide to the representation/objection raised by the petitioner before the Collector within a period of 45 days, in accordance with law. 10.3 Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also granted. 10.4 That cost of the petition be awarded.” 2. Learned counsel for the petitioner submits that the petitioner was an aspirant for the post of Aanganwadi Karyakarta in Village Malkharod, District Sakti (C.G.). It is contended that the petitioner is more meritorious and qualified than the candidate who has been selected. It is further submitted that against the rejection of her candidature, the petitioner intended to file an appeal but, due to inadvertence, she submitted an application/representation before the concerned respondent authority/Collector on 3 24.05.2023, which is still pending consideration. Counsel submits that the selection list was published vide Annexure P/3, and the said representation was filed within the reasonable and prescribed period. However, till date, no order has been passed thereon. Accordingly, it is prayed that the respondent authority be directed to treat the representation as an appeal and to decide the same in accordance with law after affording the petitioner an opportunity of hearing, within a time-bound period as may be fixed by this Court. 3. Learned counsel appearing for the respondent–State opposes the petition but submits that there exists an alternative statutory remedy available to the petitioner under the applicable rules. It is submitted that since an application/representation is already pending before the Collector concerned within the prescribed period of limitation, the petitioner may be granted liberty to file a proper and formal appeal in the appropriate format by impleading all the selected Aanganwadi Karyakarta(s) as necessary party respondents. It is further prayed that appropriate direction be issued to the concerned Collector to consider and decide such appeal/representation in accordance with law within a time frame as may be fixed by this Court. 4. I have heard learned counsel for the parties at length and have perused the material placed on record with utmost circumspection. 4 5. Considering the facts and circumstances of the case, it is evident that the petitioner has already filed an application/representation before the Collector concerned on 24.05.2023, which was within the period of limitation. Accordingly, without entering into the merits of the rival contentions, the said application/representation shall be treated as an appeal, and the Collector concerned is directed to consider and decide the same on its own merits and in accordance with the relevant rules, circulars, and law applicable to the case. While doing so, the authority shall afford proper opportunity of hearing to the petitioner as well as to the selected Aanganwadi Karyakarta(s) before passing reasoned and speaking order, on merits, the entire exercise shall preferably be completed within a period of 60 (sixty) days from the date of receipt of certified copy of this order. 6. The petitioner is also at liberty to file a duly constituted appeal which shall be treated as an appeal in addition to the representation dated 24.03.2023. 7. Delay, if any, in filing or treating the representation as an appeal shall be ignored for the purpose of consideration of the same on merits. 8. With these observation(s) and direction(s) this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena