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Patna High CourtCWJC/1660/2019disposed

Radhika Devi v. The State Of Bihar And ORS

2019-01-31Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1660 of 2019 ====================================================== Radhika Devi Wife of Jay Prakash Sah, Resident of Village- Ghataro, P.O.- Ghataro, P.S.- Kartaha, Dist.- Vaishali.

... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Department of Social Welfare, Bihar, Patna.

2. The Director (J.C.D.S.) Integrated Child Development Services, Bihar, Patna.

3. The Commissioner, Tirhut Range, Muzaffarpur.

4. The District Magistrate, Vaishali at Hajipur.

5. The District Programme Officer, Vaishali at Hajipur.

6. The Sub-Divisional Officer, Vaishali at Hajipur.

7. The Child Development Project Officer, Lalganj, Dist- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr. Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is one of the applicants for being appointed as Anganwari Sewika in the district of Vaishali, is aggrieved by the fact that twice Aam Sabha was called on 19.05.2018 and 30.08.2018 but for some reason or the other, the proceedings were cancelled without any appropriate / proper reason.

Learned counsel for the petitioner has submitted that such cancellation of the proceedings of Aam Sabha on

Patna High Court CWJC No.1660 of 2019(2) dt.31-01-2019 2/3 two dates was because of the wrong advice of the Supervisor. The petitioner therefore has submitted that since she as well as others who had applied against the advertisement for filing up the post of Anganwari Sewika or Sahayika in different wards in the district of Vaishali and the process having been kept pending, the fate of the petitioner and all similarly situated applicants have been hanging fire for a long time.

Learned counsel for the petitioner has also drawn the attention of this Court to an amendment brought about in the guidelines of 2016 for the purposes of appointment / engagement of Anganwari Sewika and Sahayika which directs that in case the proceedings of Aam Sabha is cancelled on two occasions, using special power the District Programme Officer of the concerned district can direct for calling of Aam Sabha immediately for the purposes of completing the process of appointment.

The petitioner therefore is directed to make a representation before the District Programme Officer, Vaishali at Hajipur within a period of two weeks from today,

Patna High Court CWJC No.1660 of 2019(2) dt.31-01-2019 3/3 who on receipt of such representation shall pass necessary orders within a period of three weeks thereafter for calling for an Aam Sabha for the purposes of finalization of the merit list of Anganwari Sewika or Sahayika, whichever may be the case, for their engagement on the vacant posts. With the aforesaid observation / direction, this writ petition stands disposed off.

(Ashutosh Kumar, J) skm/- U