Smt. Rajni Rajak vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:32578
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 26 OF OCTOBER, 2026
WRIT PETITION No. 42746 of 2026
CNR No.: MPHC030285732026
SMT. RAJNI RAJAK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harshvardhan Sharma - learned counsel for petitioner.
Shri K.K. Prajapati - learned Government Advocate for
respondent/State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed seeking following relief(s):
"1. That, this Hon'ble Court may kindly set aside the order dated
28.09.2026 (Annexure P-1) and order dated 05.08.2026 (Annexure
P-5) and reinstate the Petitioner at the Post of Anganwadi Worker,
Anganwadi Center Badera, Tehesil Pichhore, District Shivpuri
(Μ.Ρ.).

2. That, any other relief which this Hon'ble Court deems fit may be
passed in the interest of justice."
2. Learned counsel for the petitioner submits that the petitioner was
appointed as an Anganwadi Worker at Anganwadi Centre, Village Badera,
District Shivpuri, vide order dated 24.12.2025, after following the due
selection process. However, her appointment was set aside vide order dated
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 10/26/2026
7:03:48 PM

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05.08.2026 (Annexure P/5), and the matter was remanded to the competent

authorities for fresh consideration of the applications. It is further submitted
that the petitioner challenged the aforesaid order before the appellate
authority but her appeal was dismissed vide order dated 28.09.2026
(Annexure P/1), without proper consideration of the documents produced by
her. Learned counsel, therefore, submits that the petitioner has been deprived
of her appointment without proper consideration of the relevant material and
prays for appropriate relief.
3. Per contra, learned counsel for the respondents opposes the prayer
made by learned counsel for the petitioner and submits that the present
petition is not maintainable. It is further submitted that the dispute relates to
the eligibility of the candidates, particularly the prescribed residential
eligibility criteria. The competent authorities are required to examine the
relevant documents and take appropriate action in accordance with the
applicable guidelines. Therefore, it is prayed that this petition may be
dismissed.
4. Heard learned counsel for the parties and perused the record.
5. The petitioner has filed the present petition under Article 226 of the
Constitution of India, challenging the orders dated 05.08.2026 and
28.09.2026, whereby her appointment as Anganwadi Worker at Anganwadi
Centre, Village Badera, Tehsil Pichhore, District Shivpuri, was set aside and
her appeal against the said decision was dismissed, respectively.
6. The principal contention of learned counsel for the petitioner is that
she was appointed after due selection and that the authorities have not
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 10/26/2026
7:03:48 PM

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properly considered the documents submitted by her. On the other hand,

learned counsel for the respondents submits that the dispute relates to the
eligibility of the candidates, particularly the prescribed residential eligibility
criteria and that the competent authorities are required to examine the
relevant documents in accordance with the applicable guidelines.
7. Having heard learned counsel for the parties and upon perusal of the
record, this Court finds that the controversy primarily relates to the eligibility
of the candidates and the proper consideration of their respective applications
and supporting documents. The order dated 05.08.2026 has already
remanded the matter to the competent authorities for fresh consideration of
the applications. Therefore, the appropriate course is to ensure that the
remand order is implemented within a reasonable time and after affording a
fair opportunity of hearing to all persons whose rights may be affected by the
decision.
8. It is well settled that an administrative authority, while deciding a
matter affecting the rights or interests of individuals, must act fairly and in
accordance with the applicable rules and guidelines. The principles of natural
justice require that persons likely to be adversely affected by the decision
should be afforded a reasonable opportunity to present their case. The
competent authority must consider the relevant documents and record its
decision on the basis of the material available, without being influenced by
any extraneous consideration.
9. In the present case, since the matter has already been remanded for
fresh consideration, this Court does not find it appropriate to undertake an
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 10/26/2026
7:03:48 PM

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independent examination of the disputed eligibility documents in the present

proceedings. The same is required to be examined by the competent
authority in the first instance, in accordance with the applicable guidelines
and after giving due opportunity to all concerned persons.
10. Division Bench of this Court in the matter of Anant Singh and
Another v. Govind and Ors. reported in 1999 RN 99 has held that against the
order of remand a writ petition would not lie, as no rights of the parties till
date have been crystalized and the parties would be given opportunity to
assail their case before the authority before whom the matter has been
remanded, therefore, the challenge to the said remand order is without any
sum and substance.
11. Consequently, without expressing any opinion on the merits of the
rival claims or the eligibility of the petitioner or any other candidate, this
Court is not inclined to grant the relief of reinstatement sought by the
petitioner at this stage. The petition is, therefore, dismissed with the
following directions:
(i) The competent authority shall implement the remand
order dated 05.08.2026 and reconsider the applications of all
concerned candidates in accordance with the applicable rules,
guidelines and eligibility criteria.
(ii) Before taking a final decision, the competent authority
shall afford a reasonable personal opportunity of hearing to the
petitioner and all other candidates or persons directly affected by
the proposed decision.
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 10/26/2026
7:03:48 PM

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(iii) The competent authority shall consider all relevant

documents and materials submitted by the concerned persons and
pass a reasoned and speaking order, dealing with the relevant
objections and contentions raised by them.
(iv) The entire exercise shall be completed within a period
of 21 days from the date of receipt of a certified copy of this
order.
(v) The competent authority shall communicate the decision
to all concerned persons promptly after its passing.
12. It is clarified that this Court has not expressed any opinion on the
merits of the petitioner's claim or the eligibility of any other candidate. The
competent authority shall decide the matter independently, strictly in
accordance with the applicable rules and guidelines and without being
influenced by any observation made in this order beyond the directions
contained herein.
13. With the aforesaid directions, the petition stands disposed of.
14. There shall be no order as to costs.
(ANAND SINGH BAHRAWAT)
JUDGE
Ahmad

Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 10/26/2026
7:03:48 PM