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2023 Supreme(Online)(Pat) 4506

IN THE HIGH COURT OF JUDICATURE AT PATNA


Civil Writ Jurisdiction Case No.20585 of 2013


MUnki Devi W/O Ramanand Singh Resident Of Village - Bhedgawa, P.O. Jaitiya, P.S. Gaurichak, District - Patna

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The District Magistrate - Cum - Collector, Patna

3. The Deputy Director, Welfare, Patna Division, Patna

4. The District Programme Officer, Patna

5. The Sub - Divisional Officer, Patna City, Patna

6. The Child Development Project Officer Fatwah, Patna

7. The Deputy Pramukh, Daniyawa Block, Patna

8. The Mukhiya, Gram Panchayat, Sigriyawa, Patna

9. The Secretary, Gram Panchayat Sigriyawa Under Daniyawa Block, Patna

... ... Respondent/s


Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh, Adv.

For the State : Mr. Ajay Bihar Singh, GA 8

Ms. Kalpana, AC to GA 8


CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL ORDER

24-01-2023

1. The petitioner assails the order of the District Magistrate rejecting the appeal of the petitioner with regard to the non-appointment on the post of Anganwadi Worker. The post of Anganwadi Worker is not a cadre post and the same is governed by guidelines issued in that respect. It is not a post under the State services and a writ petition therefore would not be maintainable with regard to the same. The appeal being heard by the District Magistrate is also under the guidelines issued for the said purpose.

2. In the opinion of this Court, the writ petition for appointment on the post of Anganwadi worker is not maintainable, as held in C.W.J.C. No. 21963/2014 which is held as under:

"Para 2: The post of Anganwadi worker does not fall within the purview of the State or Subordinate Services and is a post under a scheme regulated by guidelines which are not enforceable in law. In view thereof, the writ petition would not lie with regard to the selection process of Anganwadi worker."

3. Keeping in view thereto, the writ petition is dismissed.

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