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2007 Supreme(Pat) 1147

PATNA HIGH COURT
Mridula Mishra, J.
Lalita Kumari & Others
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 460 of 2004 ; 13212 of 2004 ; 14293 of 2004 ; 15443 of 2004 ; 16072 of 2004 ;
Decided On : JULY 16, 2007

The importance of following government guidelines for selection and removal, and expeditiously resolving disputes for the effective implementation of the I.C.D.S. scheme.

Headnote:

Anganbari Sewika/Sahaika - Selection Procedure - Memo no. 1129 dated 13.6.1998, Memo no. 32 dated 29.9.2001, Memo no. 427 dated 20.6.2003, 2006 guideline - The court discussed the guidelines issued by the government for the selection and removal of Anganbari Sewika/Sahaika, highlighting the changes in criteria, selection process, and dispute resolution mechanisms. The court emphasized the importance of following the guidelines in true spirit and resolving disputes expeditiously for the full implementation of the I.C.D.S. scheme.

Fact of the Case:

Petitioners claimed for their selection as Anganbari Sewika/Sahaika or challenged the order cancelling their selection by the respondents. They alleged that the guidelines for selection/removal were violated, and their representations were pending. The I.C.D.S. scheme's unsatisfactory implementation due to disputes in Anganbari Centre selection was highlighted.

Finding of the Court:

The court remitted the cases to the District Magistrate, directing the petitioners to file affidavited objections/complaints within eight weeks. The District Magistrate was instructed to pass orders within four weeks, and a fresh selection process was to be completed within four weeks from the date of the order. Appeals were to be decided within one month, emphasizing the collective effort required for the effective implementation of the I.C.D.S. scheme.

Issues: Selection as Anganbari Sewika/Sahaika, violation of guidelines, pending representations, unsatisfactory implementation of I.C.D.S. scheme, and disputes in Anganbari Centre selection.

Ratio Decidendi: The court emphasized the need to follow the government guidelines for selection and removal, resolve disputes expeditiously, and ensure the effective implementation of the I.C.D.S. scheme.

Final Decision: The writ applications were disposed of with directions to the District Magistrate for timely resolution of disputes and completion of the selection process, and to the appellate authority for timely decision on appeals.

Judgment

1. In all these writ applications petitioners are claiming for their selection as Anganbari Sewika/Sahaika or challenging the order cancelling their selection by the respondents. Petitioners have also challenged the procedure adopted for selection/removal of Anganbari Sewika/Sahaika on the ground that in violation of the guidelines of the Government, selection/removal orders have been passed. Almost in all cases petitioners have stated that their representations filed before the Collector or the D.D.C. is pending for long and not being considered. In some of the writ applications petitioners have challenged the procedure adopted for selection of Anganbari Sewika/Sahaika. In some of the cases selection of the petitioners have been rejected by the respondents considering representation filed before the Collector or the D.D.C. In sum and substance all matters relate to selection as Anganbari Sewika/Sahaika.

2. Allegations in almost all the writ applications are similar that in selection/ removal guideline of the Welfare Department contained in Memo no. 1129 dated 13.6.1998, Memo no. 32 dated 29.9.2001 or the guideline contained in Memo no. 427 dated 20.6.2003 have not been followed. Petitioners case is that guidelines issued by the government and the directorate regarding giving preference to persons with higher qualification, widow/destitute, beneficiary group belonging to B.P.L. or socially weaker section has been ignored. In some cases procedure adopted for selection of Anganbari Sewika/Sahaika has also been challenged on the ground that Aam Sabha was not called or was not held under the Chairmanship of Mukhia of the concerned gram panchayat or C.D.P.O. who is co-ordinator was not present. In some of the cases allegations also relates to change of centre in violation of guideline.

3. Integrated Child Development Services is a largest Food and Supplemental Programme in the world. It was initiated in the year 1975 with an objective to improve the health and nutrition problems of children of 0-6 years, pregnant women, lactating mother and adolscent girls. For this scheme funds are released by the Central Government to State Government who are required to implement the scheme. Implementation and progress of I.C.D.S. is being monitored by Supreme Court in a writ application P.U.C.L. vs. Union of India, Supreme Court in its order dated 13.12.2006 has given direction to the Government of India to sanction and operationalise a minimum of 14 lacs Anganbari Centre in phased wise manner. While maintaining upper limit of one Anganbari Centre per one thousand population, minimum limit for opening a new Anganbari Centre should be one for a population of 300. Universalisation of I.C.D.S. involves extending of I.C.D.S. service (supplementing nutrition, growth, monitoring nutrition, health, immunization, referal and pre school education) of every child under age of 6, pregnant/lactating mother and adolscent girl. Such scheme which will have far reaching impact and which is being monitored by the Supreme Court, its progress and implementation is totally unsatisfactory in the State of Bihar, sim- ply because the Anganbari Centres are not running properly. Selection of Anganbari Sewika/Sahaika at almost all centres are in dispute and for that a writ application is pending in High Court. For full implementation of I.C.D.S. scheme it is essential that the guidelines of the Government should be followed in true spirit and disputes are resolved expeditiously, within time frame, as provided under the guideline.

4. 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 dated 9.9.2001 and Memo no. 427 dated 20.6.2003 are such guidelines under which procedure has been provided for selection/re




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