Chanda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20392 of 2013 =========================================================== Chanda Devi Wife Of Jaglal Singh Resident Of Village Keshrawra Kala, P.S. Adhoura, District Kaimur At Bhabhua .... .... Petitioner

Versus

1. The State Of Bihar, Through The Director Of Ingredient Child Development Scheme (I.C.D.S.), Bihar, Patna

2. The District Magistrate Cum Collector, Kaimur At Bhabhua

3. Deputy Collector, Kaimur At Bhabhua

4. The District Programme Officer, Kaimur At Bhabhua

5. The District Welfare Officer, Kaimur At Bhabhua

6. Child Development Project Officer, Block Adhoura, Kaimur At Bhabhua .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the Respondents : Mr. S.S.P.Yadav, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 20-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Writ petition has been filed claiming that Anganwari Center situated in village Keshraura Kala in block Adhaura in the district of Kaimur be restored and that the charge of said center may be handed over to the petitioner.

The petitioner has asserted that her claim in view of her selection as Anganbari Sevika for Anganwari Center situated at village Kishraura vide letter contained in Memo no. 16K dated 20.7.2007 (Annexure 3). As per petitioner's own averments made

Patna High Court CWJC No.20392 of 2013 dt.20-06-2018 in the writ petition, the petitioner was not qualified for said selection inasmuch as her matriculation certificate is of 2009, i.e., two years after her alleged selection as Anganwari Sevika in the year 2007.

State has filed counter affidavit. Stand of the State is that being non-matriculate, the petitioner was found to be disqualified for being selected to the post of Anganwari Sevika. Thereafter, a fresh process was started for the selection in 2013 in which petitioner had also participated. Aam Sabha was held on 20.6.2013 and one Usha Devi was placed at 1st position in the merit list having 53.80% marks, whereas the petitioner was placed at 2nd position having 51.71% marks.

In fact, petitioner suppressed her qualification being nonmatriculate at the time of her first selection in 2007, which was the requisite qualification. Her selection in the year 2007 has thus been cancelled for want of requisite qualification. The same could not be made the basis of the claim of the petitioner for her restoration at the Center in question today. More so, since already subsequent selection process has been conducted in the year 2013, wherein her candidature was found inferior to that of Usha Devi, as per counter affidavit filed on behalf of the State.

Averment of the State made in the counter affidavit has

Patna High Court CWJC No.20392 of 2013 dt.20-06-2018 not been controverted by the petitioner inasmuch petitioner has not filed any re-joinder to the counter affidavit, the writ petition has no merit and is dismissed.

(Madhuresh Prasad, J) Shashi.

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