1 2026:CGHC:763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9426 of 2023 1 - Smt. Shushila Bai Manhar W/o Ashok Kumar Manhar Aged About 42 Years Occupation- Aanganbadi Sahayika, R/o Schoolpara, Kirit, Tahsil- Navagarh, District : Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through It Secretary, Woman And Child Development, Department, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Collector Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 3 - Chief Executive Officer Jila Panchayat, Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat, Navagarh, District : Janjgir-Champa, Chhattisgarh 5 - The Project Officer Ekikrit Bal Vikash Pariyojna, Navagarh, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Utkarsh Patel, Advocate. For Respondent(s)/State : Mr. Arpit Agrawal, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/01/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly call for the entire record. in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issued a writ /or writs/order/or orders / to quashed the advertisement dated 02.03.2023 (Annexure P/1) issued by the respondent no 5. for recruitment of Aanganbadi Karyakarta at Aanganbadi Centre, Kirit-3, so far as concern to the present petitioner in the light of guidelines / direction issued from time to time by the department, in the interest of justice. 10.3 That, this Hon'ble Court, may kindly be pleased to issued a writ / or writs/order/or orders / to give the liberty to the petitioner to made the detail representation to the concern respondent assailing the advertisement and prayer for her appointment on the post of Aanganbadi Karyakarta at Kirit-3, in the interest of justice. 3 10.4 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Brief facts of the case, is that, the present petitioner has been continuously working as an Anganwadi Sahayika since 02.08.2011, i.e., for more than twelve years, at Anganwadi Centre, Kirit-2 (Old), under the Integrated Child Development Scheme (ICDS), Nawagarh, District Janjgir-Champa (C.G.), which fact is duly evidenced by the experience certificate dated 15.03.2023 issued by respondent No. 5. It is respectfully submitted that the petitioner is well qualified, a permanent resident of the concerned locality, and has been discharging her duties satisfactorily on the post of Anganwadi Sahayika. On 02.03.2023, respondent No. 5 issued Advertisement No. 1203/Stha/ICDS/2022-23, Nawagarh, inviting applications from permanent residents of the area for recruitment to the posts of Anganwadi Sahayika and Anganwadi Karyakarta for various Anganwadi Centres in Nawagarh. It is pertinent to mention that since the post of Anganwadi Karyakarta at Anganwadi Centre, Kirit-3, fell vacant due to the earlier incumbent leaving the post, the petitioner, having rendered more than twelve years of service and possessing all requisite qualifications in accordance with the applicable guidelines and directions issued by the State Government under the ICDS, had a legitimate expectation to be considered for promotion/appointment to the said post; accordingly, she submitted an 4 objection/representation dated 26.06.2023 to respondent No. 5 and applied for the said post, participating in the recruitment process. However, despite her eligibility and long-standing service, the petitioner was not considered for appointment, compelling her to file the present petition. 3. Learned counsel for the petitioner submits that the petitioner was not selected for the post of Anganwadi Karyakarta at Anganwadi Centre, Kirit-3, pursuant to which she preferred an appeal before the Collector in accordance with the relevant statutory rules, and the said appeal came to be decided by order dated 14.08.2023; however, despite the availability of an efficacious and adequate alternative statutory remedy in the form of a revision petition before the concerned Commissioner against the aforesaid order, the petitioner has, without exhausting the said remedy, directly approached this Hon’ble Court, rendering the present proceedings premature and not maintainable in law. 4. On the other hand, learned counsel appearing on behalf of the State has strenuously opposed the aforesaid submissions, contending that the impugned action/order has been passed strictly in accordance with the provisions of law and the applicable rules, leaving no scope for interference by this Hon’ble Court, and has thus urged for dismissal of the petition. 5. I have heard learned counsel for the parties and perused the material available on record. 5 6. Considering the facts and circumstances of the case, and without entering into the merits of the matter, this petition is disposed of with a direction granting liberty to the petitioner to approach the concerned Commissioner by way of a proper application or representation for redressal of the grievances raised in the present petition, and it is expected that such application or representation, if so filed, shall be considered and decided by the competent authority strictly in accordance with law. 7. With this observation and direction, the writ petition is disposed of with the aforesaid liberty. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat