Anita Devi @ Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7027 of 2019 ====================================================== Anita Devi @ Anita Kumari W/o Babloo Kumar Yadav R/o Village-Shonabo, P.S.-Chainpur, District-Kaimur at Bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of social Welfare, Old Secretariat, Patna 2.

The Director ICDS, Patna 3.

The District Magistrate Kaimur at Bhabhua 4.

The District Programme Officer Kaimur at Bhabhua 5.

The Child Development Project Officer, Chainpur Kaimur at Bhabhua 6.

The Block Development Officer Kaimur at Bhabhua 7.

The Lady Supervisor, Chainpur Kaimur at Bhabhua 8.

Bahetri Devi W/o Satendra Singh R/o Village-Lohera, Ward No. 5, Gram Panchayat-Majhuai, Prakhand-Chainpur, P.S. Chainpur, District-Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Adv.

For the Respondent/s :

Mr. S.K.Mandal (SC-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-04-2019 Heard the learned counsel for the parties.

The petitioner has challenged the order dated 28.12.2018 passed by the District Magistrate, Kaimur at Bhabhua in Anganbari Appeal No. 15 of 2018, whereby the

Patna High Court CWJC No.7027 of 2019 dt.29-04-2019 2/3 order passed by the District Programme Officer, Bhabhua directing for engagement of the petitioner on the post of Aanganbari Sevika at the concerned Anganbari Centre has been set-aside and fresh process of appointment has been directed to be initiated.

It appears from the records that the District Magistrate was of the view on two occasions, Aam Sabha meetings could not be concluded and, therefore, the only option for the District Programme Officer was to have summoned a special meeting of the Aam Sabha. Not doing that and passing an order directing for appointment of the petitioner as Anganbari Sevika is beyond the rules and the guidelines framed in that regard.

The dispute with respect to the petitioner or the private respondent hailing from the concerned area for being considered is not the issue before this Court. What this Court has seen is that the District Magistrate has passed an order in terms with the guidelines of 2016, which defines the course of action in case of no meeting of Aam Sabha on two occasions.

Patna High Court CWJC No.7027 of 2019 dt.29-04-2019 3/3 No fault could be found with the order impugned in the present petition.

The writ petition stands dismissed.

(Ashutosh Kumar, J.) Sarvesh/Ranjeet AFR/NAFR NA CAV DATE NA Uploading Date 02.05.2019 Transmission Date NA