Sabita Kuamri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18325 of 2013 ====================================================== Sabita Kuamri Wife Of Bishwanath Prasad Resident Of Village - Kumhrall, P.S. Gaighat, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Director I.G.D.S. Govt. Of Bihar, Patna 3.

District Magistrate - Cum - Collector, Muzaffarpur 4.

District Programme Officer, Muzaffarpur 5.

Block Development Officer, Gaighat, P.S. Gaighat, District - Muzaffarpur 6.

C.D.P.O., Gaighat, Distt. Muzaffarpur 7.

Mukhiya Gram Panchayat Raj P.S. Gaighat, District - Muzaffarpur 8.

Panchayat Secretary Gram Panchayat, Jatta, P.S. Gaighat, District - Muzaffarpur 9.

Baby Kumari Wife Of Rajiv Prasad Yadav Resident Of Village - Motnaji, P.S. Gaighat, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, 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

Patna High Court CWJC No.18325 of 2013(2) dt.17-01-2023 2/2 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. 71 U