Mintu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12833 of 2019 ====================================================== Mintu Kumari W/o Rakesh Kumar Gupta Vill.- Patedhi Khurd, Ward No. 6, Patedhi Khurd, Block, Patedhi Belsar, P.o.- Anirudh Belsar, P.s.- Vaishali (O.P. Belsar), distt.- Vaishali (Bihar)-844111 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Vaishali, Hajipur 2.

The District Programme Officer (I.C.D.S.) Vaishali, Hajipur 3.

The Child Development Programme Officer Patedhi Belsar, District Vaishali, Hajipur 4.

Mamta Devi W/o Asarfi Shah Chairman of Selection Committee of Aganwadi Sevika/Sahayika of ward no. 6, Ward Member of Ward No. 6 of Gram Panchayat Raj Belsar, Vaishali 5.

Lalita Devi W/o Raju Sharma Dy. Chairman of Selection Committee of Aganwadi Sevika/Sahayika of ward no. 6, Panch of Ward No. 6 of Gram Panchayat Raj Belsar, Vaishali 6.

Punam Kumari Supervisor, Secretary of Selection Committee of Aganwadi Sevika/Sahayika of ward no. 6, Panch of Ward No. 6 of Gram Panchayat Raj Belsar, Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neerad Parashar For the Respondent/s :

Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is one of the aspirants for being appointed as Anganwari Sevika, has sought a direction to the respondent authorities to conclude the selection process of Anganwari Sevika at Anganwari Centre No. 90 of Ward No. 6 of Gram Panchayat Raj Belsar in the district of

Patna High Court CWJC No.12833 of 2019(2) dt.28-06-2019 2/3 Vaishali.

The petitioner would have the opportunity of approaching this Court only when such obligations of the respondent / authorities are not fulfilled within the time-line prescribed in the guidelines. The process of appointment also has to be in consonance with the guidelines. Any departure from the established Rules for appointment of Anganwari Sevika would surely give an opportunity to the petitioner to challenge such breach of procedure before the designated authority under the Rules, who is the District Programme Officer in the first instance and the Collector as an Appellate Authority.

The petitioner has, by way of abundant precaution, approached this Court for a direction to the respondent / authorities for the needful.

No mandamus is required to be issued in the present matter.

It goes without saying that the authorities under the Act and the Rules are supposed to perform their duties in accordance with the Rules.

Patna High Court CWJC No.12833 of 2019(2) dt.28-06-2019 3/3 Should the petitioner feel aggrieved because of delay in conclusion of the appointment process or of the process of appointment not being followed diligently, it would be open for the petitioner, who is an aspirant/applicant, to approach the District Programme Officer, Vaishali for the needful. The petitioner would also have an opportunity of approaching the Collector in case the order of the District Programme Officer in that regard does not satisfy her. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U