Puniya Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20584 of 2013 ====================================================== Puniya Devi Wife Of Bhola Prasad Resident Of Village - Gamhari, P.S. Fatehpur, District - Gaya ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Divisional Commissioner, Magadh Division, Gaya 3.
The District Magistrate, Gaya 4.
The Anchaladhikari, Fatehpur Block, District - Gaya 5.
The Child Development Programme Officer, Fatehpur Block, District - Gaya ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan, Adv.
For the State :
Mr. Sanjay Kumar, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-01-2023
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 the said purpose.
2. In the opinion of this Court, the writ petition for appointment on the post of Anganwadi worker is not
Patna High Court CWJC No.20584 of 2013(2) dt.24-01-2023 2/2 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) Sachin/- Item No. 6 U