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Patna High CourtCWJC/7390/2019disposed

Surichi Kumari, v. The State Of Bihar

2019-05-02Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7390 of 2019 ====================================================== Surichi Kumari, wife of Nitish Kumar, Resident of Village- Hirdan Bigha (Naya Tola) Ward No. 11, P.S. Telmar (Harnaut), District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Social Welfare, Government of Bihar.

2.

The Director Integrated Child Development Scheme (I.C.D.S..) Govt. of Bihar.

3.

The District Magistrate, Nalanda.

4.

The District Programme Officer, Nalanda.

5.

The Child Development Project Officer, Harnaut, Nalanda. 6.

Hare Ram Manjhi, Ward Member, Ward No. 11, Village Hirdan Bigha (Naya Tola) P.S. Telmer (Harnaur), Nalanda.

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Respondents :

Ms. Kumari Amrita (GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-05-2019 Heard the learned counsel for the parties.

2. The petitioner has approached this Court for a direction to the concerned authorities for concluding the process of appointment of Aanganwari Sevika in Telmer Gram Panchayat in Harnaut Block in the district of Nalanda.

3. It is the case of the petitioner that an advertisement was issued, inviting applications from

Patna High Court CWJC No.7390 of 2019 dt.02-05-2019 2/3 desirous candidates for being considered for the post of Aanganwari Sevika on 03.04.2018. A merit list also was prepared but the proceedings of the Aam Sabha could not be concluded for two occasions because of absence of the Ward Member.

4. Learned counsel for the petitioner submits that it is the legitimate expectation of every aspirant and of the people of area that if the appointment process has begun, it must be taken to its logical conclusion. A provision has been made in the guidelines of 2016 relating to appointment of Aanganwari Sevika that in case of the Aam Sabha not being held, affecting the appointment process adversely, the District Programme Officer is under an obligation to summon a special meeting of Aam Sabha. The aforesaid direction has been issued only for the purpose of concluding the process of appointment and ensuring that the Aanganwari centres in different Gram Panchayats are not left without Aanganwari Sevikas and Sahayikas.

Patna High Court CWJC No.7390 of 2019 dt.02-05-2019 3/3

5. Under the aforesaid circumstances, the petitioner is directed to make a representation before the District Programme Officer, Nalanda (respondent no. 4), detailing her grievances, within a period of three weeks from today, who on such representation shall take positive steps towards calling/summoning of the Aam Sabha and finalizing the process of appointment as early as possible, preferably within a period of four months from the date of production of a copy of this order before the District Programme Officer, Nalanda.

6. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.05.2019 Transmission Date