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2024 Supreme(Online)(Pat) 4031

PATNA HIGH COURT
Raj Kumari Devi – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-12-2024 The appellant was the writ petitioner who challenged her denial of appointment on the ground of Clause 4.9 of the Anganwarii Sevika/Sahayika Guidelines for selection, 2011 which stipulated that if a candidate’s relative is employed with the State Government, then she shall not be considered for such appointment.

2. The prayer of the petitioner was also that there was an amendment brought in, which enhanced the limit of income of the employed family member to Rs. 15,000/- per month from Rs. 6,000/- in the year 2015. It was the submission of the petitioner that her brother-in-law who was was a Panchayat Teacher was earning only about Rs. 6,300/- per month; lesser than the minimum income of Rs. 15,000/-. The petitioner was aggrieved with the order of the District Programme Officer which was affirmed by the District Magistrate in an appeal. The appellate order found that the Aam Sabha which was considering the selection was held on 24.10.2014 prior to the amendment made on 07.08.2015.

3. The learned Single Judge agreed with the Appellate Authority and found that the petitioner was not qualified for appointment, since her b

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