HARISH KUMAR
Jyoti Kumari – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Heard Mr. Ajay Kumar, learned Advocate for the petitioner and Smt. Kumari Amrita, learned Government Pleader-3 for the State.
2. The petitioner is aggrieved by the order dated 02.11.2021 passed in Anganwadi Appeal No. 128 of 2019 by the Collector, Samstipur whereby he allowed the appeal preferred by the respondent no. 8 and set aside the order dated 19.01.2019 passed by the District Programme Officer, Samastipur in Aganwadi Case No. 178 of 2018 and upheld the selection of the respondent No. 8 as Aganwadi Sevika of Aganwadi Cenrtre No. 366, Alampur Gram Panchayat, District Samastipur.
3. The short facts which led to the filing of the writ petition are that pursuant to an advertisement for selection of Aganwadi Sevika and Sahiyaka, the petitioner along with others applied for the post of Aganwadi Sevika on 17.01.2018. Merit list was duly prepared for selection of Aganwadi Sevika/Sahiyaka; the name of the petitioner finds at Sl. No. 1 in the merit list with 76% of marks. Aam Sabha was held on 16.02.2018. However despite the fact, the petitioner secured first position in the merit list and found eligible to be appointed as Aganwadi Sevika she did not get appointment lett
The court affirmed that disputed questions of fact, such as the date of marriage affecting eligibility for a non-statutory post, should be resolved in civil courts, not in writ jurisdiction.
The court affirmed that selections for Anganwadi Sevika are not subject to civil service protections and emphasized timely actions within procedural guidelines.
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
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