Shaukat Jahan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18258 of 2013 ====================================================== Shaukat Jahan W/O Md. Nazir Resident Of Village Jalmilik Ward No. 2, Panchayat Sakhuadali, Post Office- Gunjarmari, Police Station- Thakurganj, District- Kishanganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, I.C.D.S., Directorate,Social Welfare Department, Bihar, Patna. 3.

The District Magistrate, Kishanganj.

4.

The District Programme Officer, Kishanganj.

5.

The Child Development Project Officer, Block Thakurganj, DistrictKishanganj. 6.

Munni Bano W/O Ainul Haque Resident Of Village- Maltoli Ward No. 2, Panchayat- Sakhuadali, Post Office- Gunjarmari, Police Station- Thakurganj, District- Kishanganj.

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

For the Petitioner/s :

Mr. Dilip Kumar Singh, Adv.

For the Respondent/s :

Mr. Rishiraj Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 17-01-2023

1. The petitioner assails the order of the District Magistrate rejecting the appeal of the petitioner with regard to the non-appointment on the post of Anganwadi Worker. The post of Anganwadi Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same. The appeal being heard by the District Magistrate is also under the guidelines issued for the said purpose.

Patna High Court CWJC No.18258 of 2013(2) dt.17-01-2023 2/2

2. In the opinion of this Court, the writ petition for appointment on the post of Anganwadi worker is not maintainable, as held in C.W.J.C. No. 21963/2014 which is held as under:

"Para 2: The post of Anganwadi worker does not fall within the purview of the State or Subordinate Services and is a post under a scheme regulated by guidelines which are not enforceable in law. In view thereof, the writ petition would not lie with regard to the selection process of Anganwadi worker."

3. Keeping in view thereto, the writ petition is dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 66 U