1 CGHC010016702023 2026:CGHC:32876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 506 of 2023 Smt. Saroj Yadav W/o Sandeep Yadav Aged About 23 Years R/o Village Budhudih Village Panchayat Khadiyadamar, Police Station And Tahsil Balrampur, District Balrampur-Ramanujganj (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan, Atalnagar Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Surguja Division (Ambikapur), District : Surguja, Chhattisgarh 3 - The Collector Balrampur, District Balrampur-Ramanujganj (C.G.) 4 - The Project Officer Integrated Child Development Project Balrampur, District Balrampur-Ramanujganj (C.G.) 5 - Chief Executive Officer Janpad Panchayat Balrampur, District Balrampur-Ramanujganj (C.G.) 2 6 - Block Education Officer Balrampur District Balrampur-Ramanujganj (C.G.) 7 - Block Medical Officer Balrampur District Balrampur-Ramanujganj (C.G.) 8 - Smt. Sangeeta Paikra W/o Vijaykant Paikra Aged About 25 Years R/o Budhudih Police Station And Tahsil Balrampur, District Balrampur- Ramanujganj (C.G.) ... Respondents For Petitioner : Mr. A.N. Pandey, Advocate. For Respondents No. 1 to 4, 6 & 7/State : Mr. D.R. Minj, Dy. A.G. with Ms. Vartika Shrivastava, Panel Lawyer. For Respondent No.5 : Mr. Rishikant Mahobia, Advocate. For Respondent No.8 : Mr. V.K. Pandey and Mr. T.R. Chandrakar, Advocates. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (30th July, 2026) The petitioner has filed the instant petition under Article 226 of the Constitution of India seeking the following relief: “10.1 That, this Hon'ble court may kindly be pleased to set aside the impugned order dated 16.12.2022 ANNEXURE P/1 passed by the respondent no.2 and allow the petitioner to continue on the post of Anganwari worker Center- Budhudih (B) Janpad Panchayat- Balrampur Distt- Balrampur-Ramanujganj (C.G). 3 10.2 That, this Honble Court may kindly be pleased to set aside of orders dated by the 2.1.2023 issued by the respondent no.5 ANNEXURE P/13. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 02. Case of the petitioner, in brief, is that pursuant to the advertisement dated 10.7.2017 (Annexure P/2) issued by respondent No.4/Project Officer, Integrated Child Development Project, Balrampur, Distt. Balrampur-Ramanujganj for appointment on the post of Aanganbadi Worker at Aanganbadi Center-Budhudih (B) at Village Panchayat-Kadiyadamar, the petitioner as well as respondent No.8 Smt. Sangeeta Paikra and others submitted their applications for the said post. The Selection Committee scrutinized the applications of all the candidates and invited objection. The petitioner raised an objection that respondent No.8 is not a resident of Village-Budhudih (B) and as such, she is not entitled for appointment on the post of Aanganbadi Worker at Aanganbadi Center-Budhudih (B) vide Annexure P/3. Accordingly, the Selection Committee in its meeting dated 2.5.2018 held respondent No.8 ineligible as she did not submit residential certificate issued by the competent authority to the effect that she is a resident of Village-Budhudih vide Annexure P/4. Since the petitioner secured higher marks, she was appointed on the said post vide order 4 dated 18.5.2018 (Annexure P/6) and she joined her duties on 23.5.2018 (Annexure P/7). 03· Being aggrieved, respondent No.8 filed an appeal before respondent No.3/Collector, Distt. Balrampur-Ramanujganj which was allowed vide order dated 23.9.2020 (Annexure P/8), thereby cancelling the appointment order of the petitioner and directing the appointing authority to re-examine the applications and ensure appointment on the said post within seven days on the basis of merit list. Challenging the said order of the Collector, the petitioner preferred a revision before respondent No.2/Commissioner, Surguja Division. However, the said revision was dismissed vide order dated 16.12.2022 (Annexure P/1). Hence this petition. 04. Learned counsel for the petitioner would submit that while submitting application, respondent No.8 had filed residential certificate jointly issued by the Secretary and Sarpanch of Village Panchayat – Khadiyadamar, Janpad Panchayat – Balrampur, Distt. Balrampur- Ramanujganj which was as per Clause 1.5 A/B of Circular dated 2.4.2008 (Annexure P/12) issued by Woman and Child Development Department, Govt. of Chhattisgarh, Raipur but it has also been mentioned in the said Circular that after objection being filed in respect of such residential certificate, the applicant ought to have filed residential certificate issued by the competent authority. He submits that despite objection being filed by the petitioner in respect of 5 residential certificate of respondent No.8 issued jointly by Sarpanch and Secretary, she did not file residential certificate issued by the competent authority in accordance with the note under Clause 1.5 A/B of the Circular (Annexure P/12), therefore, the Selection Committee had not committed any illegality in holding her ineligible for appointment on the post of Aanganbadi Worker at Aanganbadi Center- Budhudih (B). However, without considering the aforesaid aspect of the matter, the Collector, Balrampur-Ramanujganj allowed the appeal of respondent No.8 and the Commissioner, Surguja Division dismissed the revision of the petitioner. Therefore, the instant petition deserves to be allowed. 05. Per contra, referring to its reply, learned counsel for respondent No.8 would submit that since the petitioner had raised objection regarding residential certificate of respondent No.8 jointly issued by Sarpanch and Secretary of Village Panchayat – Khadiyadamar (page 8 of the Reply), respondent No.8 filed residential certificate dated 10.11.2017 (Annexure R/8-2) issued by Tehsildar, Balrampur, Distt. Balrampur-Ramanujganj in which she has been declared to be a resident of Village-Budhudih, Tehsil-Balrampur, Distt. Balrampur- Ramanujganj. He further submits that prior to publishing the name of respondent No.8 in the list of ineligible candidates (Annexure P/5), no opportunity was afforded to her to file residential certificate issued by the competent authority. Ultimately, she submitted residential certificate 6 (Annexure R/8-2) issued by the competent authority – Tehsildar, Balramlpur, therefore, there is no illegality in the order passed by the Collector, Balrampur-Ramanujganj which has been subsequently upheld by the Commissioner, Surguja Division. The present petition being without any substance is, therefore, liable to be dismissed. 06. Learned counsel appearing for other respondents have supported the impugned orders passed by the Collector and the Commissioner. 07. Heard learned counsel for the parties and perused the material available on record. 08. As per Clause 1.5 of the Circular dated 2.4.2008 (Annexure P/12) issued by the Department of Woman and Child Development, Govt. of Chhattisgarh, Raipur, the applicant ought to have been resident of the same village/ward where Aanganbadi Center is to be opened. It also provides that residential certificate issued by Sarpanch/Secretary is acceptable. However, as per note under Clause 1.5, if any objection is raised regarding such residential certificate of the applicant, then the applicant has to file residential certificate issued by the competent authority. In the instant case, respondent No.8 had initially submitted residential certificate (page 8 of Reply of respondent No.8) jointly issued by the Sarpanch and Secretary of Village Panchayat – Khadiyadamar. Since the petitioner raised an objection in 7 respect of that certificate, respondent No.8 thereafter filed residential certificate (Annexure R/8-2) dated 10.11.2017 issued by Tehsildar, Balrampur in which she has been declared to be a resident of Village- Budhudih, Tehsil-Balrampur, Distt. Balrampur-Ramanujganj. Though during the course of arguments, learned counsel for the petitioner referring to SECC-2011 Final List Rural (Annexure P/11) contended that name of village of father of respondent No.8 is Dumar Khorka, Tehsil-Balrampur, Distt. Surguja but it is a list of 2011 whereas the recruitment process in this case was conducted in the year 2017, therefore, such document cannot be relied upon. 09. On the basis of aforesaid discussions, this Court finds no illegality or infirmity in the impugned order dated 16.12.2022 (Annexure P/1) passed by respondent No.2/Commissioner, Surguja Division upholding the order dated 23.9.2020 of respondent No.3/Collector, Balrampur-Ramanujganj. The instant petition being devoid of any substance is liable to be dismissed and is, accordingly, dismissed. The pending interim application(s), if any, stands disposed of. No order as to cost(s). Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.08.01 11:16:03 +0530