MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON SMT. KAVITA PARASTE V/S THE STATE OF MADHYA PRADESH AND OTHERS

JABALPUR, India, Dec. 25 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 25:

1. Appellant has filed the instant intra court appeal challenging the order dated 13.08.2025 passed by learned Single Judge in W.P. No.3710/2024, whereby the writ petition preferred by respondent No.4 was allowed and the order passed by Additional Commissioner, Jabalpur on 05.01.2024 was set aside with further direction to the respondents to issue consequential orders and allow rejoining of the respondent No.4.

2. With the consent of the parties, arguments heard for the purpose of final disposal of the appeal.

3. Heard Shri Aditya Kumar Singh, learned counsel for the petitioner, Shri Anubhav Jain, Government Advocate for the respondents/State and Shri Arun Kumar Singh, counsel the respondent/caveat.

4. The short facts of the case are that, respondent No.4 Smt. Pooja Maravi and the appellant Smt. Kavita Paraste both applied for Anganwadi Worker. Respondent No.4 annexed the copy of ration slip issued by a competent authority to prove her status of BPL but 10 bonus marks for BPL category were not awarded to her, therefore, she filed the objections and along with the objections filed the copy of BPL card. The objections were duly considered and 10 marks of BPL category were awarded to respondent No.4 and consequently, respondent No.4 was selected on 30.09.2021. The selection of respondent No.4 was challenged by the appellant before Collector Dindori, however, the same was dismissed by order dated 16.12.2021. Thereafter, appellant preferred the appeal before Additional Commissioner, Jabalpur Division, Jabalpur, which was allowed by order dated 05.01.2024 and the appointment of respondent No.4 was set aside and direction was issued to appoint the appellant in place of respondent No.4. The order passed by Commissioner was challenged by respondent No.4 in W.P. No.3710/2024, which was decided by learned Single Judge by order dated 13.08.2025 and the petition was allowed with a direction to allow the respondent No.4 for rejoining on the said post.

5. Learned counsel for the appellant submits that as per the circular dated 31.08.2017, the documents filed along with the application can only be considered for the purpose of assessment of the application. He further submits that admittedly, the copy of BPL card was not filed along with the application by respondent No.4 and only a ration slip was attached and therefore, the consideration of BPL card filed by respondent No.4 along with objections, was contrary to the circular issued by State Government and respondent No.4 was not entitled for grant of 10 marks for BPL category. He submits that learned Single Judge has committed error in allowing the petition preferred by respondent No.4 in the light of the judgment delivered by coordinate bench in Draupati Tiwari (Smt.) vs. State of M.P. and others, W.A. No.900/2011 decided on 25.02.2013, wherein the coordinate bench has held that, the qualification to take part in the selection for appointment on the post of Anganwadi Worker must be possessed on the last date of submission of the application form and no document can be considered issued subsequently. The said judgment is not helpful to the appellant as in the case in hand, the respondent No.4 was holding the status of BPL category even before submission of the application and she filed the copy of ration slip issued by the competent authority along with application and thereafter BPL card along with objections. Therefore, in the present case, respondent No.4 was duly qualified to get 10 marks for being a member of BPL category even on the date of submission of application.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2639/WA_2639_2025_FinalOrder_25-11-2025_digi.pdf)

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