Vikki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12555 of 2019 ====================================================== Vikki Kumari W/o Sunil Kumar Vill.- Amai, (Purana Tola), P.O.- Hasan Bazar, P.S.- Piro, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Social Welfare Department, Patna 2.

The District Magistrate Bhojpur 3.

The District Programme Officer Bhojpur 4.

The Sub Divisional Officer Piro, Bhojpur 5.

The Block Development Officer Piro, Bhojpur 6.

The Child Development Project Officer Piro, Bhojpur 7.

The Lady Supervisor Child Development Project, Piro, Bhojpur 8.

Smt. Mana Devi W/o Birendra Singh @ Doma Singh Ward Member of Ward No. 4, Vill.- Amai (Purana Tola), P.o.- Hasan Bazar, P.s.- Piro, Distt.- Bhojpur 9.

Smt. Usha Devi W/o Pramod Singh Ward Panch of ward no. 4, Vill.- Amai (Purana Tola), P.o.- Hasan Bazar, P.s.- Piro, Distt.- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate For the Respondent/s :

Ms. Kumari Amrita (GP 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-06-2019 Heard the parties.

2. The petitioner was one of the aspirants for being appointed as Aanganwari Sevika at Aanganwari Centre No. 225, Ward No. 4 in Village Amai in the District of Bhojpur.

3. The petitioner had applied for such post along with ten other candidates. The process could not be

2/4 completed for quite sometime as respondents no. 8 and 9 who are the Ward Member of Ward No. 4 and Ward Panch of Ward No. 4 respectively did not attend the Aam Sabha deliberately. It has been alleged by the petitioner that they wanted some gratification for participating in the Aam Sabha for finalizing the list of candidates who could be appointed on such post. In any view of the matter, a meeting of Aam Sabha was held and in the absence of respondents no. 8 and 9, an elderly person of the locality was made to preside over the same.

4. In the aforesaid meeting the petitioner was adjudged the first candidate and thereafter the appointment letter also was issued to her. Later the petitioner came to learn that there was no administrative imprimatur on such selection because of respondents no. 8 and 9 not having signed the minutes of the Aam Sabha.

5. Under the aforesaid circumstances, the petitioner has prayed for a direction to allow the joining of the petitioner as Aanganwari Sevika or in the alternative,

3/4 to hold a fresh meeting for selection and appointment of Aanganwari Sevika according to the merit list prepared on 02.03.2019 and further to direct the concerned respondents to take action against respondents no. 8 and 9 for adopting such intransigent approach in not participating in the Aam Sabha meeting for the appointment of Aanganwari Sevikas.

6. During the course of argument, learned counsel for the petitioner as also the counsel appearing for the State informed this Court that now fresh process has been initiated and advertisement has been issued seeking application from desirous candidates for being selected/appointed on such post of Aanganwari Sevika.

7. It would be open for the petitioner to participate in the aforesaid appointment process.

8. However, what is disturbing is the continuous postponement of the Aam Sabha meeting and because of which the process could not be concluded earlier. This is a public waste of time and the persons/functionaries of the

4/4 Panchayat responsible for the same ought to be identified and be put to task.

9. This Court has further been informed that on the complaint made by the petitioner against respondents no. 8 and 9, a show cause notice has been issued to them. This Court has no idea as to what has happened in such proceeding against respondents no. 8 and 9.

10. I, therefore, direct the District Magistrate, Bhojpur (respondent no. 2) to take stock of the situation and ensure that proper enquiry is made with respect to the conduct of respondents no. 8 and 9 and such enquiry be concluded at the earliest.

11. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.06.2019 Transmission Date