Anchala Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4371 of 2020 ====================================================== 1.
Anchala Kumari, wife of Santosh Paswan Resident of Village- Jarangi, P.O.- Jarang, Block- Patedhi Belsar, P.S.- Belsar, District- Vaishali. 2.
Soni Kumari, wife of Rajesh Sah Resident of Village- Jarangi, P.O.- Jarang, Block- Patedhi Belsar, P.S.- Belsar, District- Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Social Welfare Department, Patna.
2.
The Director, I.C.D.S. Social Welfare Department, Government of Bihar, Patna.
3.
The District Magistrate, Vaishali.
4.
The District Programme Officer, Vaishali.
5.
Child Development Project Officer, Patedhi, Belsar, District- Vaishali. ... ... Respondent/s Appearance :
For the Petitioner/s :
Mr. Pramod Rajpati, Adv.
For the State :
Smt. Kumari Amrita (GP-3) Mr. Rajesh Kumar (AC to GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ petition has been filed for directing the respondents to start selection process for selection of Anganwari Sahayika and Sevika in Anganwari Centre Patedhi, Belsar in the District of Vaishali.
3. Learned counsel for the petitioners submits that on 19.04.2017, advertisement was published but, selection process
2/4 was not started on the basis of advertisement of 2017. Counsel also submits that petitioners filed representation to the Public Complaint Redressal Officer, Hajipur on 29.05.2019 and subsequently, Sub-Divisional Public Complaint Redressal Officer, Vaishali vide order dated 28.06.2019, drop the proceeding and directed the petitioners to go before the Appellate Authority and thereafter, the petitioners preferred appeal before the Additional Collector in which vide order dated 09.11.2019, the appeal was dismissed. Counsel further submits that the petitioner no.1 has filed representation dated 04.12.2019 to the District Magistrate, Vaishali requested to start selection process for selection of Anganwari Sahayika and Sevika, but no steps have been taken till date and it is due to this reason, the petitioners have filed the present writ petition.
4. Learned counsel for the petitioners submits that his basic grievance is that advertisement was made in the year 2017 for selection of Anganwari Sahayika and Sevika, but selection process has not been started and by the present writ petition, he seeks relief from the Court that a direction be made for appointment by virtue of advertisement of 2017. Counsel further submits that a fresh counter may be called for in this case.
5. Learned counsel for the State submits that in the
3/4 light of advertisement, the C.D.P.O (Child Development Project Officer) sought guidelines from D.P.O. (District Programme Officer), Vaishali as there was objection in preparation of the mapping register which was essential according to the then rule. Counsel further submits that on the basis of complaint, fresh mapping register has been prepared and it has been found that the Centre is Schedule Caste majority group. Therefore, the earlier advertisement has been cancelled due to change in situations and accordingly, fresh advertisement has been issued, online application has been invited and thereafter, merit list has been prepared and last date for Aam Sabha has been fixed on 12.02.2020.
6. In the light of the submissions made, it transpires to this Court that fresh counter shall not solve any purpose of the petitioners as the advertisement of 2017 has already been cancelled and the fresh advertisement has been published and process on the basis of fresh advertisement started.
7. In this background, this Court is not inclined to interfere in the fresh advertisement and accordingly, this writ petition is hereby dismissed.
8. It is made clear that in case, the process of selection in the light of advertisement of 2020 has not been concluded till
4/4 date, then opportunity to the petitioners shall be granted to participate in the said process.
(Dr. Anshuman, J.) Divyansh/- U