Mamita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9901 of 2024 ====================================================== Mamita Kumari w/O- Mukesh Rai, R/o Vill- Delua, Ward No. 06, P.O.- Bajitpur, P.S.- Paroo, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Muzaffarpur.

3.

The District Programme Officer, I.C.D.S, Muzaffarpur 4.

The Child Development Project Officer, Paroo, Muzaffarpur 5.

The Ladies Supervisor, Anganwari, Ward No. 6, Vill- Delua, Block- Paroo, Dist- Muzaffarpur.

6.

Dauli Kumari, W/o- Ranjeet Kumar, R/o Vill- Delua, P.S.- Paroo, DistMuzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prnav Kumar, Advocate Mr. Rajeev Ranjan, Advocate Smt. Kumari Rupa, Advocate Smt. Priyanka Kumari, Advocate For the Respondent :

Mr. Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 01-07-2024 In the instant writ petition, the petitioner has challenged the selection process of the Anganwadi Sevika for Ward No. 06 of Village Delua, Bajitpur within P.S. Paroo, in the District of Muzaffarpur. It is consistently held by this Court in series of judgments that the appointment of Anganwadi Sevika is not done by following the rules of recruitment. The post of Anganwadi Sevika is not a civil post, they are appointed in a scheme to see the physical and mental development of women and children residing in a particular ward and their services are

Patna High Court CWJC No.9901 of 2024(2) dt.01-07-2024 2/2 absolutely contractual in nature, therefore, selection of Anganwadi Sevika is not amenable to the writ jurisdiction.

2. In view of such legal position, I have no other alternative but to hold that the instant writ petition is not maintainable. However, the petitioner is at liberty to take alternative relief available according to law.

3. With the above order, the instant writ petition is disposed of.

(Bibek Chaudhuri, J) Suraj Dubey/- U