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2021 Supreme(Pat) 957

IN THE HIGH COURT OF PATNA
MOHIT KUMAR SHAH, J.
Ranju Kumari – Appellant
Versus
State Of Bihar – Respondent
Civil Writ Jurisdiction Case No. 12462 of 2018, 15178 of 2018
Decided on : 21-05-2021

Advocates:
Advocate Appeared:
Sidhendra Narayan Singh, Advocate, Gyan Prakash Ojha, Advocate, Mithilesh Kumar Upadhyay, Advocate, Sunil Kumar Mandal, Advocate, Neelam Kumari, Advocate, Bipin Kumar, Advocate

Headnote:

Service Law – Selection – Post of Anganwari Sevika – There is no provision in Anganwari Sevika/Sahayika Selection Guidelines, 2016 to offer appointment to second candidate in merit list, once appointment of first selected candidate has been cancelled by District Programme Officer/District Magistrate concerned – Clause 10 of Anganwari Sevika/Sahayika selection Guidelines, 2016 stipulates that validity of panel shall be for a period of one year from date of selection, however, there is no provision in entire Anganwari Sevika/Sahayika selection Guidelines, 2016 regarding mechanical issuance of order of appointment qua second candidate in merit list, on the post of Sevika, in case District Programme Officer, upon a complaint made to him, cancels appointment of selected Sevika – In such cases, as present one, only recourse open to respondent State authorities is to issue a fresh advertisement for making fresh selection on post of Sevika at Anganwari Centre in question – District Magistrate has rightly directed for conducting selection process afresh by issuance of fresh advertisement for the purposes of making appointment on post of Anganwari Sevika – Writ Petitions dismissed. (Paras 13, 14 and 15)

JUDGMENT :

Mohit Kumar Shah, J.

1. The aforesaid two writ petitions arise out of the same selection process, hence, have been heard together with the consent of the parties and are being disposed of by this common judgment.

2. The writ petition bearing CWJC No. 12462 of 2018 (Ranju Kumari Vs. The State Of Bihar & Ors.) i.e. the first case, has been filed for quashing the order dated 18.05.2018 passed in Case No. 434 (M) 2017 by the District Magistrate, Nawada, to the extent it has been directed that fresh advertisement be issued for making fresh selection to the post of Anganwari Sevika for Anganwari Centre-Bhairo Beldaria, Code No. 256, under the Nawada Sadar Block, Distict-Nawada, since the life of the panel/merit list, being only one year, has lapsed, though the appeal of the petitioner of the second case, namely, Arti Kumari has been dismissed.

    The petitioner of the second case i.e. CWJC No. 15178 of 2018 has filed the present writ petition for quashing the order dated 18.05.2018 passed in Appeal No. 434 (M) 2017 by the District Magistrate, Nawada, affirming the order dated 30.06.2017 passed by the District Programme Officer, Nawada, whereby and whereunder the selection of the petitioner of the second case on the post of Anganwari Sevika, Anganwari Centre-Bhairo Beldaria, has been cancelled.

3. The brief facts of the case are that in the year 2016, a selection process was initiated for the purposes of making appointment on the post of Anganwari Sevika in village-Bhairo Beldaria, Nawada, at Centre No. 256, pursuant whereof, the petitioners of the aforesaid two writ petitions along with several other persons had filled their applications, whereafter a merit list was prepared and the petitioner of the second case was declared selected by the Aam Sabha, whereupon she had joined as Anganwari Sevika at the aforesaid Anganwari Centre. The petitioner of the first case had then filed a complaint before the District Programme Officer, Nawada, on the ground that the petitioner of the second case is not a resident of the aforesaid centre. The District Programme Officer, Nawada, by a detailed order dated 30.06.2017 passed in Case No. 44 (Miscellaneous) Selection/2016, Year-2017, after considering the objection of the petitioner of the first case, the documents furnished by the petitioner of the second case as also the materials available on record, came to a finding that the petitioner of the second case is not a permanent resident of Poshak area inasmuch as the name of the husband of the petitioner of the second case is registered in the voter-list of village-Manjor Beldaria, P.S. and Circle-Warisaliganj and for omitting the same, an application was submitted before the BLO, whereafter his name had been removed from the voter-list and moreover, in one police case bearing Deepnagar P.S. Case No. 66/2015, wherein the petitioner of the second case is an accused, the address of the petitioner of the second case, her husband and their family members have been stated as Milki Manjor Beldaria, P.S.-Warisaliganj, District-Nawada. The District Programme Officer, Nawada has also come to a finding that the petitioner of the second case i.e. Arti Kumari, is not a permanent resident of Anganwari Centre- Bhairo Beldaria and she is in fact resident of Manjor Beldaria, P.S.-Warisaliganj, which is also substantiated from the mapping register. In such view of the matter, the District Programme Officer, Nawada, by his order dated 30.06.2017, has cancelled the selection/appointment of the petitioner of the second case, namely, Arti Kumari.

4. It appears that the petitioner of the second case had then filed an appeal before the learned District Magistrate-cum-Collector, Nawada, bearing Case No. 434(M)2017, however, the same has been dismissed by the impugned order dated 18.05.2018 passed by the District Magistrate, Nawada, nonetheless, it has been directed that since the life of the panel in question was one year and the same has expired, fresh steps should be

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