2007 Supreme(Pat) 1569
PATNA HIGH COURT
Mridula Mishra, J.
Punam Devi
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 7980 of 2007 ; 10769 of 2007 ;
Decided On : SEPTEMBER 24, 2007
Timely resolution of disputes related to the selection and removal of Aagan Bari Sevika/Sahayika is essential, and the court can impose time limits for the disposal of complaints and appeals.
Headnote:
I.C.D.S. Scheme - Selection Procedure - Guidelines under Memo No. 1129, dated 13.6.1998, Memo No. 32, dated 9.9.2001, and Memo No. 427, dated 20.6.2003 - 2006 Guidelines - Age limit for selection - Dispute resolution procedure - Time limits for disposal of complaints and appeals
Fact of the Case:
The court disposed of 52 writ applications related to the selection and removal of Aagan Bari Sevika/Sahayika under the I.C.D.S. scheme. It directed the District Magistrates to consider the cases of the petitioners and ensure the completion of the selection process within specified time limits.
Finding of the Court:
The court found the prayer of the petitioners in all the writ applications to be identical and directed the District Magistrates to address the cases and complete the selection process within specified time limits.
Issues: Selection and removal of Aagan Bari Sevika/Sahayika, exhaustion of available remedies, and the necessity of early disposal of such matters.
Ratio Decidendi: The court emphasized the need for timely resolution of disputes related to the selection and removal of Aagan Bari Sevika/Sahayika and directed the District Magistrates to adhere to the guidelines and time limits provided under the 2006 guidelines.
Final Decision: The court disposed of all the writ applications and remitted them to the District Magistrates, directing them to consider the cases of the petitioners and ensure the completion of the selection process within specified time limits.
1. All 52 writ applications have been taken up today for analogous hearing and are being disposed of in the light of order passed by this Court in C.W.J.C. No. 460 of 2004* and analogous cases.
2. On perusal of the statement made in the writ applications. I find that almost in all the cases petitioners prayer is for a direction to select them as Aagan Bari Sevika/Aagan Bari Sahayika or for quashing the procedure by which their selection have been cancelled or for a direction to quash the order whereby the private respondents have been selected as Aagan Bari Sevika/Sahayika.
3. Considering the prayer of the petitioners in all the writ applications and finding them identical, all these writ applications, except item no. 84 (C.W.J.C. No. 14365 of 2005, Ribha Kumari V/s. The State of Bihar & Ors.) and item no. 89 (C.W.J.C. No. 15905 of 2005), Bipula Kumar V/s. The State of Bihar & Ors.) are being disposed of. The part of the order passed in C.W.J.C. No. 460 of 2004 and analogous cases are being incorporated in this order and it will form the part of the orders of these writ applications as well, which is as follows:
"The State Government for implementation of I.C.D.S. scheme has been issuing guidelines time to time. Whenever some lacuna is found in the earlier guidelines a new guideline is issued by the Welfare Department of the Government of Bihar. Guidelines issued under Memo No. 1129, dated 13.6.1998, in Memo No. 32, dated 9.9.2001, and Memo No. 427, dated 20.6.2003, are such guidelines under which procedure has been provided for selection/removal of Aganbari Sevika/Sahaika. In 1998 Circular selection was to be made by the Selection Committee and its approval by the D.D.C. was necessary. In case D.D.C. fails to give approval within 15 days the Director, Welfare, is authorised to give approval to the selected list of Aaganbari Sevika/ Sahayika. Minimum qualification for general category candidate was Intermediate (should be read as Matriculation, which has been subsequently modified by order dated 20.8.2007) and for S.C./ST. candidates Matriculation (should be read as non-Matriculation, which has been subsequently modified by order dated 20.8.2007) was the qualification. Only daughter-in-law of the concerned Ward/Tb/a permanently residing in that area were eligible for being selected as Aagan Bari Sevika/Sahayika, unmarried/ married daughters were not eligible for selection. Priority in selection was to be given to beneficiary group of the concerned village/tola. In case of similar qualification preference was to be given to widow, destitute and the beneficiary candidate. This guideline was superseded by Memo No. 32 of 2001, dated 9.9.2001. In this guideline all other criteria were similar but the power of selection was totally vested in gram panchayat. Approval of D.D.C. or the Director, Welfare, was removed. In case of any dispute/objection relating to selection/removal or non-observance of procedure provided under the guidelines, the District Magistrate was authorised to direct the S.D.O., District Welfare Officer for holding enquiry and submitting report. On that basis the District Magistrate was authorised to take decision. There was no provision for any appeal under 2001 guidelines. In 2003 another guidelines was issued vide letter no. 427, dated 20.5.2003, in which some of the provisions were changed. The Aam Sabha was to be called under the Chairmanship of Mukhiya of only beneficiary group. Widows and destitute were required to be given preference. The beneficiary group was identified as people coming from B.P.L. group as well as coming from very poor section of the society. As per the Supreme Court direction in the year 2006 the Department of Welfare has issued another guidelines. Provision under this guideline has been made for further extending the scheme in order to reach the benefit of the scheme to each and every person belonging to weaker section of the society and to improve their conditions. Number of Aa