Kondabai Baburao Acharya Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2025) — LawSathi Research

Kondabai Baburao Acharya Vs the State of Maharashtra through Its Secretary and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the writ petition with liberty to pursue the first-stage complaint/appeal before the appropriate authority; authority suggested to consider the petition's pendency while assessing limitation, and directed to consider the petitioner's application dated 25.10.2024 and complaint dated 11.12.2024.

Issue for consideration

Whether the petitioner, serving as Anganwadi Madatnis at Andhori since 29.11.2008 and claiming seniority, Scheduled Caste status and the requisite educational qualification, is entitled to a writ of mandamus for her appointment as Anganwadi Sevika in preference to respondent No. 3. +1 more

Ratio / Principle

Where the Government Resolution dated 02.02.2023 provides for complaint/appeal and second appeal forums, this Court shall not exercise its constitutional powers; the petitioner was therefore permitted to withdraw the petition to pursue the first-stage complaint/appeal before the appropriate authority.

Key takeaways

The petitioner was allowed to withdraw the petition with liberty as prayed; the Court suggested that the concerned authority, while dealing with the point of limitation, should consider the pendency of this petition before this Court.ratio¶18
The concerned authority was directed to consider the pendency of the petitioner's application dated 25.10.2024 and her complaint dated 11.12.2024 before the appropriate authority.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Per Court (Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.), 14 October 2025 - W.P. No. 9388 of 2025, Kondabai Baburao Acharya v. State of Maharashtra: An Anganwadi Madatnis in service since 29.11.2008 sought a writ of mandamus for appointment as Anganwadi Sevika at Andhori, Tq. Ahmedpur, Dist. Latur, relying on the Government Resolution dated 02.02.2023, after the post fell vacant on retirement of the incumbent on 21.10.2024 and respondent No. 3 was appointed without any decision on her application dated 25.10.2024. The Additional GP pointed out that the same Government Resolution provides a two-tier grievance forum: complaint/appeal within 30 days to the Chief Executive Officer, Zilla Parishad and the Divisional Deputy Commissioner, Woman and Child Development Department, with a further appeal to the Divisional Commissioner, Revenue; for Rural and Adivasi projects, complaint to the Commissioner, Child Development within 60 days. Holding that where such complaint/appeal and second appeal provisions exist the Court shall not exercise its constitutional powers, the Division Bench permitted withdrawal of the petition with liberty, suggested that the authority consider the pendency of the petition while dealing with limitation, and directed the authority to consider the petitioner's application dated 25.10.2024 and complaint dated 11.12.2024. The writ petition stood disposed of as withdrawn.

2025:BHC-AUG:29543-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 9388 OF 2025

Kondabai Baburao Acharya VERSUS

The State Of Maharashtra Through Its Secretary And Others

Ms. M. R. Jamdhade, Advocate for petitioner Mr. S. K. Tambe, Addl. GP for respondent Nos. 1 and 2/State

CORAM : Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ. DATE : 14^th October, 2025

PER COURT :-

Heard learned Advocate for the petitioner and learned Addl. GP for respondent Nos. 1 and 2.

Petitioner is serving as Anganwadi Madatnis at Andhori, Tq. Ahmedpur, Dist. Latur since 29.11.2008. It is stated that the post of Anganwadi Sevika at the said village came to be vacant due to the retirement of one Mangalabai Darshnand on 21.10.2024. The petitioner submitted application on 25.10.2024 to the respondent authorities for her promotion to the said post and the petitioner is relying on the Government Resolution dated 02.02.2023. However, without taking any decision on her application, the respondent No. 3 came to be appointed at the said place of Anganwadi Sevika. The claim of the petitioner is on the basis that she is a senior, the respondent No. 3 is not resident of the

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same village, Andhori, the petitioner is a member of Scheduled Caste and fulfills the educational qualification and, therefore, she has prayed for Writ of mandamus to appoint her as Anganwadi Sevika.

Learned Additional GP points out that in the same Government Resolution dated 02.02.2023, the forum of two appeals has been provided. It is specifically stated that if there is any grievance in respect of selection of candidature for Anganwadi Sevika, Madatnis and mini Anganwadi Sevika, then the appeal/complaint has to be preferred within 30 days to the Chief Executive Officer, Zilla Parishad and Divisional Deputy Commissioner Woman and Child Development Department. If such person is aggrieved by the decision taken by that authority then the appeal can be preferred to the Divisional Commissioner, Revenue. If it is arising out of the Rural and Adivasi project and in respect of the other department then the appeal/complaint has to be preferred to the Commissioner, Child Development within 60 days. Therefore, when there is provision for complaint/appeal and second appeal then this Court shall not exercise its constitutional powers.

Upon those submissions and upon query, the learned Advocate for the petitioner seeks withdrawal of the petition to make a complaint/appeal of First Stage to the appropriate authority. Taking into consideration this statement, we allow the petitioner to withdraw the

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petition with liberty as prayed. However, we suggest to the concerned authority that while dealing with the point of limitation, it should consider the pendency of this petition before this Court. We also direct the concerned authority to consider the pendency of the application by the petitioner dated 25.10.2024 and complaint dated 11.12.2024 before appropriate authority.

With the aforesaid observations, the writ petition stands disposed of as withdrawn.

(Hiten S. Venegavkar, J.)

(Smt. Vibha Kankanwadi, J.)

B. S. Joshi

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