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Patna High CourtCWJC/18704/2013dismissed

Rekha Devi v. The State Of Bihar And ORS

2023-01-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18704 of 2013 ====================================================== Rekha Devi W/O Sri Nand Kishore Sah Resident Of Village- Chapra Farid,P.O- Chandan Patti, P.S- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Welfare Department, Government Of Bihar, Patna.

2.

The Director, Integrated Child Development Services, Bihar, Patna. 3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur, District- Muzaffarpur. 5.

The District Program Officer, Muzaffarpur, District- Muzaffarpur. 6.

The Child Development Project Officer, Sakra, District- Muzaffarpur. 7.

The Mukhiya, Gram Panchayat Raj, Chandan Patti, Block- Sakra, DistrictMuzaffarpur. 8.

The Panchayat Secretary, Gram Panchayat Raj, Chandan Patti, Block- Sakra, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the State :

Mr. Gyan Prakash Ojha, GA 7 Ms. Shambhavi Ojha, AC to GA 7 Mr. Uday Shankar Pandey, AC to GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-01-2023

1. Learned counsel states that the petitioner did not possess the requisite qualification for appointment as Anganwadi worker as she has obtained qualification from Hindi Sahitya Sammelan Allahabad which is not recognized as held by the Division Bench of this Court.

2. Learned counsel further submits that the writ petition would not be maintainable for the post of Anganwadi worker which is not a post under the State services but is a post

Patna High Court CWJC No.18704 of 2013(3) dt.23-01-2023 2/2 under a Scheme. This Court has 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) Sachin/- Item No. 16 U