Punam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13180 of 2015 ====================================================== Punam Kumari Wife of Munna Singh @ Munna Kumar Singh, Resident of Village- Kundwa Chainpur, P.S.- Kundwa Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner,Tirhut Division, Muzaffarpur. 3.

The District Programme Officer, East Champaran at Motihari. 4.

The Child Development Project Officer, Dhaka, District- East Champaran. 5.

Priyanka Kumari, Wife of Sri Daya Nand Arya, Resident of VillageKundwa Chainpur,Ward No.1, P.S.- Kundwa Chainpur, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh, Adv.

For the State :

Mr. Ravi Ranjan, AC to SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 19-12-2022

1. The petitioner by way of this writ petition has prayed as under:- "1. That the petitioner prays for the following reliefs :- I) That the present writ application is being filed for issuance of an appropriate writ/writs, order/orders or direction/directions for directing and commanding the Respondent Authorities to appoint the petitioner as Angan Bari Sevika of Mini Angan Bari Centre, within Kharua Chainpur Panchayat, Ward No. 1, Poshak Area-1, Block-Dhaka, District- East Champaran in place of respondent No. 5, namely Priyanka Kumari on the ground that name of the petitioner was mentioned in Survey Registry of Poshak Area of Ward No. 1 but ignoring her claim, respondent No. 5 was appointed as Angan Bari Sevika although her name was not mentioned in Survey Register.

Patna High Court CWJC No.13180 of 2015(2) dt.19-12-2022 2/2 II) For issuance of an appropriate writ, order or directions to the respondent authority to consider the claim of the petitioner on the basis of Survey Register of Poshak Area of Ward No. 1 for Angan Bari Sevika because the name of the Respondent No. 5 were mentioned in the Survey Register.

III) For issuance of any other relief or reliefs for which the petitioner is entitled for."

2. The post of Anganbadi Worker falls under a scheme and the guidelines issued for such appointment are not enforceable in law. An appeal is provided under the said guidelines to the concerned District Magistrate if there is a grievance with regard to the selection process. The petitioner has however not preferred to file appeal before the District Magistrate and has filed the present writ petition which is held to be not maintainable.

3. The writ petition is accordingly dismissed. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 39 U