Indu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18040 of 2013 ====================================================== Indu Kumari Wife Of Sri Amrendra Kumar Mandal Resident Of Village - Amouja, Post Office - Pir Nagar, Block - Gwalpara, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Commissioner, Koshi Division, Saharsa 4.

The District Magistrate, Madhepura, District - Madhepura 5.

The District Programme Officer, Madhepura, District - Madhepura 6.

The Child Development Project Officer, Gwalpara, Block - Gwalpara, District - Madhepura 7.

The Mukhiya, Gram Panchayat Pir Nagar, Block - Gwalpara, District - Madhepura 8.

The Panchayat Secretary, Gram Panchayat Pir Nagar, Block And P.S. - Gwalpara, District - Madhepura 9.

Sangita Kumari Wife Of Shri Navin Kumar Mandal Resident Of Village - Amouja, Post Office - Pir Nagar, Block - Gwalpara, District - Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Kumar, Adv.

For the State :

Mr. Pankaj Kr. Singh, AC to GA-9 ====================================================== 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

Patna High Court CWJC No.18040 of 2013(2) dt.17-01-2023 2/2 by the District Magistrate is also under the guidelines issued for the said purpose.

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. 46 U