MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON MAMTA AHIRWAR V/S SHRIMAN VIJAY GEHLOT SAHEB AND OTHERS

JABALPUR, India, Feb. 19 -- Madhya Pradesh High Court issued the following judgment/order on Jan. 19:

1. The instant intra court appeal is preferred by the appellant being aggrieved by order dated 15.01.2025 passed in W.P. No.855/2020, whereby the writ petition preferred by the appellant was dismissed by the learned Single Judge.

2. Heard Shri Hitendra Kumar Golhani, learned counsel for the appellant, Shri Anubhav Jain, Government Advocate and Shri Sourabh Singh Thakur, learned counsel for the respondents on the question of admission.

3. Short facts of the case are that the appellant applied for the post of Anganwadi Karyakarta for Janpad Panchayat Rural, Damoh on 27.10.2016 claiming herself to be member of BPL category. Final merit list was issued on 09.03.2017 and the respondent No.6 - Smt. Nonibai Lodhi was appointed by order dated 03.04.2017 on the post of Anganwadi Karyakarta.

4. The appointment of respondent No.6 was challenged by the appellant before Additional Collector, Damoh and by order dated 02.09.2017, Additional Collector, Damoh remanded the matter to District Project Officer for reconsideration after conducting an inquiry in respect of BPL status of the appellant and respondent No.6. Thereafter, Chief Executive Officer, Janpad Panchayat, Damoh conducted the inquiry, wherein he opined that BPL card issued in favour of respondent No.6 is not valid, whereas BPL card issued to the appellant is valid. In furtherance of the inquiry conducted by CEO, Janpad Panchayat, Damoh, appellant was appointed on the post of Anganwadi Karyakarta in Village Panchayat Salaiya, District Damoh by order dated 27.03.2018. The appointment order of appellant was challenged by the respondent No.6 in appeal before Additional Collector Damoh who decided the appeal by order dated 26.09.2018 and allowed the appeal by setting aside the appointment order issued in favour of appellant, after obtaining the inquiry report from Tehsildar. He also set aside the order of removal of respondent No.6 from the post of Anganwadi Karyakarta. Consequently, respondent no.6 was once again permitted to work on the post of Anganwadi Karyakarta. The order passed by Additional Collector was challenged by the appellant before Additional Commissioner, Sagar Division, Sagar in appeal, which was dismissed by order dated 06.12.2019. The appellant preferred Writ Petition No.855/2020 challenging the order passed by Additional Collector Damoh. The petition was dismissed by impugned order dated 15.01.2025, hence the instant intra court appeal has been preferred.

4. The Additional Collector, Additional Commissioner and the learned Single Judge have relied upon the inquiry report submitted by Naib Tehsildar, wherein the Naib Tehsildar has reported that appellant does not belong to the category of Below Poverty Line and BPL card submitted by the appellant was issued in the year 2002, in the name of father-in-law of the appellant, whereas later on, the family of father-in-law and husband of appellant were separated and separate samagra ID and Ration Cards were issued to them. As per ration card issued to the husband of appellant and samagra ID, the family of appellant is not under the category of BPL.

5. Considering the inquiry report submitted by the Tehsildar, Additional Collector set aside the order of appointment of appellant and the order of Additional Collector was upheld by Additional Commissioner and writ petition was also dismissed.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/1101/WA_1101_2025_FinalOrder_19-01-2026_digi.pdf)

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