Renu Devi @ Renu Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21921 of 2014 ====================================================== Renu Devi @ Renu Kumari Wife of Satyendra Sah @ Satyendra Gupta Resident of Village - Phulwariya, P.S- Phulwariya, District - Gopalganj ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Director I.C.D.S. Department of Social Welfare, Government of Bihar, Old Secretariat, Patna.
3.
The Deputy Director Welfare, Saran Division , Chapra. 4.
The District Magistrate Gopalganj at Gopalganj 5.
The District Programme Officer Gopalganj at Gopalganj 6.
The Child Development Project Officer Phulwariya, Gopalganj. 7.
The Ward Member-Cum-Chairman of the Selection Committe of Anganwri Sewika of Phulwariya Teli Tola A 8.
The Member Secretary of the Selection committee of Anganwari Sewika of Phulwariya Teli Tola Anganwar 9.
Kumari Poonam Wife of Birendra Sah Resident of Village - Phulwariya Teli Tola, P.S- Phulwariya, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Pratap Singh, Adv.
For the State :
Mr. Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 12-12-2022
1. The petitioner assails the order passed by the Deputy Director Welfare, Saran as well as the earlier order passed by the District Programme Officer, whereby appeal filed by the petitioner was rejected with regard to the selection of respondent on the post of Anganwadi worker.
2. Learned counsel submits that the mapping of the particular Panchayat did not contain name of the father-in-law
Patna High Court CWJC No.21921 of 2014(2) dt.12-12-2022 2/3 as well as husband and therefore she could not be considered for the post of Anganwadi worker. As per guidelines, only the daughter-in-law or wife of the person who is residing in the village can be considered for the post of Anganwadi worker.
3. Learned counsel submits that both the authorities have failed to take notice of this aspect. On the other hand, the concerned application of the respondent contains the name of the elder brother of husband.
4. The fact of the respondent being resident of the village and that her father-in-law who was resident of the village and had expired, is not denied. Both the authorities have reached to the conclusion that she is a daughter-in-law of the family which was residing in the same village and therefore she was eligible to participate in terms of the guidelines.
5. While exercising jurisdiction under Article 227, this Court has limited scope and would not sit as an appeal against the orders passed by the concerned authorities. Moreover, the Anganwadi scheme is not statutory and guidelines issued thereby are not enforceable. So far as the orders passed by the Deputy Director, Social Welfare and the District Programme Officer are concerned, no apparent error for jurisdictional or otherwise can be said to have been committed in passing the
Patna High Court CWJC No.21921 of 2014(2) dt.12-12-2022 3/3 order.
6. The writ petition is accordingly dismissed. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 39 U