Nagina Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16909 of 2010 =========================================================== Nagina Devi, wife of Vinod Prasad @ Vinod Kumar, resident of Village Baligaon, P.S.- Rafiganj, District Aurangabad .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrte, Aurangabad.

2. The Child Development Project Officer, Rafiganj, District Aurangabad

3. The Panchayat Secretary (Baligaon Panchayat), Rafiganj, District Aurangabad

4. Smt. Rambha Kumari, wife of Lalu Prasad, resident of Village Baligaon, P.S.- Rafiganj, District Aurangabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. Anil Kumar Verma, AC to AAG 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-07-2017 The present writ petition has been filed for quashing the proceedings of the general body meeting of Baligaon Gram Panchayat dated 08.04.2007 (Annexure-2) by which Rambha Kumari, respondent no. 4 has been selected as Anganwari Sevika.

2. None appears on behalf of the petitioner when the matter is called today. None was present also on the previous occasion on 27.07.2017 to represent the petitioner.

3. According to the writ petition, the petitioner claims that she is entitled to be appointed as Anganwari Sevika having secured more marks in Matriculation examination than the respondent no. 4.

4. Learned counsel for the respondent-State, on the other

Patna High Court CWJC No.16909 of 2010 dt.28-07-2017 2/2 hand, refers to the letter of the C.D.P.O., dated 02.02.2010 (Annexure-6) to the effect that the petitioner at the relevant time was holding the post of 'Panch' and accordingly she was not selected despite having higher marks than the respondent no. 4.

5. Having heard learned counsel for the State as well as on perusal of the materials on record, this Court finds the writ petition to be devoid of merit. The petitioner was rightly not appointed as Anganwari Sevika in view of the prohibition contained in para 3 of the 2006 guidelines relating to appointment of Anganwari Sevika and no case for interference is made out .

6. The writ petition stands dismissed.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 31.07.2017 Transmission Date N.A.