Basanti Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19442 of 2013 ====================================================== Basanti Devi W/O Suresh Prasad Resident Of Village- Dheka Kasba, P.S.- Pipra-Kothi, District- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar Department Of Social Welfare, Govt. Of Bihar, Patna 2.
Director, Department Of Social Welfare, Govt. Of Bihar, Patna 3.
District Magistrate, East-Champaran At Motihari 4.
District Programme Officer, East Champaran, At Motihari 5.
District Welfare Officer, East Champaran, At Motihari 6.
Child Development Project Officer, Pipra-Kothi, District- East Champaran 7.
Mukhiya, Gram Panchayat Raj Dheka Dakhini, P.S.- Pipra-Kothi, DistrictEast Champaran 8.
Panchayat Secretary, Dakhini Dekha, P.S.- Pipra-Kothi, District- East Champaran 9.
Srimati Kumari W/O Bhairo Lal Prasad Dakshini Dekha, P.S.- Pipra-Kothi, District- East Champaran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Adv.
Ms. Alka Singh, Adv.
For the Respondent/s :
AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner.
2. The petitioner has prayed as under:- i. For, issuance of appropriate writ/order or direction for quashing the order dated 4.01.2013 passed in Misc. Case no.-42/11 (Basanti Devi v. State of Bihar and Others) passed by the Collector, East Champaran, Motihari as contained in Annexure-7 to this petition by which the learned Collector has been pleased to dismiss the Misc. Case of the petitioner on the
Patna High Court CWJC No.19442 of 2013(2) dt.30-01-2023 2/3 ground that the name of the husband of the petitioner mentioned at serial no.75 of the survey register which does not come within Center no.-54 and her form was submitted at another centre. Hence, she was not eligible for the post of Sevika at Centre no.- 54 as her Poshak Kshetra was Centre No.-53. She claims her appointment on forged marks at Centre No.-54. ii. For issuance of an appropriate writ/order or direction for commanding or directing the respondent authorities to appoint the petitioner on the post of Anganbari Sevika at Centre No.-54 within Gram Panchayat Raj Dhekha Dakhsini, PS-Piprakothi, Dist.-East Champaran in place of Srimati Kumari (Respondent no.-9), on the ground that respondent no.-9 was selected/appointee as Angan Bari Sewika of Centre No.-54 within Dhekha Dashini Panchayat on producing fake marksheet of 83.20% but in fact she had secured 51% marks and petitioner had secured 80% marks.
3. A Co-ordinate Bench of this Court in an order passed on 04.01.2023 in CWJC No. 14727/2013 has held that "the post of Anganwari 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".
Patna High Court CWJC No.19442 of 2013(2) dt.30-01-2023 3/3
4. In view of the order passed by the Co-ordinate Bench, this writ application is not maintainable and the same is, accordingly, dismissed.
(Anil Kumar Sinha, J) perwez U