1) By way of this petition, the petitioner has sought following reliefs:-

          1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions, quashing the impugned order dated 05.02.2018, passed by Commissioner Surguja Division, Ambikapur, District. Surguja, C.G. passed in Panch. Appeal Case No. 77/A-89/2009-10, in case of "Kiran Singh Thakur Vs. State of C.G. & Ors." (Annex. P / 1 ) and the petitioner may kindly be allowed to continue on the post of Aanganbadi worker in Aanganbadi Centre, Sargawan (Khas), Gram Panchayat Sargawan, Janpad Panchayat, Ambikapur, District. Surguja, C.G.

          2. That, the Hon'ble Court may kindly be pleased to grant any other relief, which is deemed fit and proper.

2) Facts of present case are that an advertisement was issued by Women And Child Welfare Department, Ambikapur on 17.1.2006 for filling up the vacant posts of Anganwadi Worker at various centres across the district. Petitioner, respondent No. 6 and other eligible candidates applied for the Centre Sargawa Khas situated at Gram Panchayat Sargawa. The Selection Committee scrutinized the documents submitted by the candidates and thereafter prepared a merit list. Petitioner who secured maximum marks was selected and appointment order was issued in her favor on 6.1.2007. Respondent No. 6 challenged the appointment of petitioner by filing appeal before the Collector, Ambikapur and the same was dismissed vide order dated 3.5.2007. Thereafter, respondent No. 6 preferred revision before Commissioner, Sarguja Division. The authority concerned allowed the revision observing that name of the petitioner was not included in the voter list of Village Sargawa on the date of appointment and she was also not a member of a family living below poverty line.

3) Learned counsel for the petitioner submits that petitioner is a resident of Village Sargawa and her name appears in the voter list. She further submits that petitioner's name was included in the list of persons living below poverty line after her marriage in the year 2002 and this fact is evident from B.P.L. Ration Card (Annexure P/9) issued in the name of her husband Virendra. She prays to set aside the order impugned.

4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that name of petitioner was not present in the voter list published in the year 2006 and her name was included in the B.P.L. list after the cut-off date. They further submit that the B.P.L. Ration Card submitted by the petitioner before the Screening Committee was a forged document and Commissioner, Sarguja Division considered the issue at length and passed a reasonable order.

5) Heard.

6) In the order impugned, Commissioner, Sarguja Division has observed that name of petitioner was not included in the voter list published in the year 2006 and the B.P.L. Ration Card submitted by the petitioner was a forged document. In my opinion, there are disputed questions of fact which require adjudication.

7) Therefore, order impugned dated 5.2.2018 is hereby set aside and the matter is remitted to the Screening Committee to inquire into the matter afresh after affording due opportunity of hearing to the interested parties and take appropriate decision with regard to appointment of Anganwadi Worker at Centre Sargawa Khas. It is expected that the authority(s) concerned shall take decision preferably within period of 90 days from the date of receipt of copy of this order and the interim order will operate till final decision is taken by the authority(s) concerned.

8) Parties are directed to communicate this order to the Screening Committee within period of 10 days from today.

9) Accordingly, this petition stands disposed.