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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Manni Kumari @ Munni Kumari @ Manni Devi, W/o Manmohan Kumar – Appellant
Versus
State of Bihar through the Principal Secretary, Social Welfare Department, Bihar, Patna – Respondent
JUDGMENT :
HARISH KUMAR, J.
Heard the parties.
2. The petitioner is aggrieved with the order dated 27.08.2024 passed by the Court of Collector, Madhubani in Anganwari Appeal Case No. 106 of 2023, whereby the learned Collector has set aside the order dated 26.09.2023 passed by the District Programme Officer, Madhubani in Anganwari Miscellaneous Case No. 29 of 2022 filed by the petitioner against the selection of the respondent no.6 on the post of Anganwari Sevika for the Gram-Harbhanga, Panchayat-Deep East, Ward no.6, Anganwari Centre no. 181.
3. The short facts which led to the filing of the present writ petition are that pursuant to an advertisement published on 13.06.2018, the petitioner along with others applied for the post of Anganwari Sevika. In terms of the guideline, the majority class of the said Centre was Extremely Backward Caste.
4. Learned counsel for the petitioner contended that on 10.10.2019, a public notice was circulated for holding the Aam Sabha; fixing the time at 11:00 AM on the same day itself at a public place, for selection of Anganwari Sevika/Sahaika. The petitioner duly acknowledged the notice, however, on account of the fact that the place of Aam Sabha was not
The court affirmed that selections for Anganwadi Sevika are not subject to civil service protections and emphasized timely actions within procedural guidelines.
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 eligibility criteria for appointment as Anganwadi Sevika must be strictly adhered to, especially concerning family employment.
The court established that the validity of educational qualifications and adherence to selection guidelines are crucial in the appointment process for public positions, ensuring fairness and transpar....
In Tribal Sub-plan areas, ST candidates must be prioritized for Anganwadi Worker positions; any deviation constitutes a breach of guidelines.
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