Sarita Kumari vs The State Of Bihar
2021 Latest Caselaw 231 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.7989 of 2020
     ==============================================

Sarita Kumari W/o Rajiv Kumar Resident of Village and P.O.- Phulkaha, P.S.- Shyampur Bhatha, District- Sheohar.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2. The Director, Integrated Child Development Scheme (ICDS), Bihar, 2nd Floor, Indira Bhawan, R.C. Singh Path, P.O. Punaichak, P.S. Punaichak, District Patna.

3. The District Magistrate, Sheohar.

4. The District Programme Officer (DPO), Sheohar.

5. The Child Development Project Officer (CDPO), Dumri Katsari, District-

Sheohar.

6. The Aanganbadi Pravechika, Aanganbadi Center No. 105, Ward no. 14, Gram Panchayat Raj- Phulkaha, Block- Dumri Katsari, District- Sheohar.

7. Ruby Kumari wife of Dharmendra Kumar Yadav Resident of Village and P.O.- Fhulkahan, P.S.- Shyampur Bhatha, District- Sheohar.

... ... Respondent ============================================== Appearance :

For the Petitioner/s : Mr. Bindhyakeshari Kumar, Sr. Adv.

Mr.Neeraj Kumar Alias Sanidh, Adv.

For the Respondent/s : Mr.Lalit Kishore (Ag) For respondent no. 7 : Mr. Suman Kumar Verma, Adv. ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 21-01-2021

1. Heard the learned counsel for the parties.

2. The petitioner has challenged the appointment of

respondent no. 7 as Aanganwadi Sevika at the concerned

Aanganwadi Centre. The petitioner was ranked first in the

merit list but a complaint was raised by the respondent no. 7 Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

with regard to the correctness of age of the petitioner.

3. The contention of respondent no. 7, all through

had been that there was an interpolation in the date of birth

of the petitioner. There are two dates of birth are available

on record, one in the school register of the school situated at

the birth place of the petitioner and the other of the Bihar

Sanskrit Shiksha Board. In the former, the date of birth of

the petitioner is indicated as 01.02.2000, whereas, in the

latter, the date of birth is 10.04.1994. Because of this,

either of the date of birth of the petitioner has been

rendered suspect in the eyes of law.

4. The aforesaid objection was turned down on the

ground that the date of birth in the matriculation certificate

shall prevail and, thereafter, the process was set afoot for

appointing the petitioner on the post of Aanganbadi Sevika

at the concerned center.

5. The respondent 7 did not sit quiet and took up

the matter with the higher authorities including the District

Magistrate, Sheohar. It was stated by her in her complaint

that the petitioner did not have the capacity to either read or Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

write but she could manage to obtain 82% marks from the

Bihar Sanskrit Shiksha Board.

6. The District Magistrate, Sheohar directed for an

inquiry in the matter by the Block Development Officer,

Dumri. The inquiry was conducted and a report was

submitted. In the report, it was held, as has been argued by

learned counsel for respondent no. 7, that the petitioner did

not choose to appear before the Block Development Officer,

Dumri despite ample opportunities given to her. This was

not inadvertent but deliberate as the petitioner did not want

to subject herself to any inquiry regarding her competence to

read or write. The report doubted the correctness of date of

birth of the petitioner or her being literate.

7. The District Magistrate, Sheohar, thereafter, vide

his order dated 26.08.2020 directed for taking steps for

convening third Aam Sabha for the purposes of appointment

of Aanganbadi Sevikas.

8. From the counter affidavit filed on behalf of

respondent no. 7, it appears that the third Aam Sabha was

convened on 04.09.2020, in which respondent no. 7 was Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

selected as Aanganbadi Sevika for Center No. 104, Ward

No. 14 in Gram Panchayat Fulkaha. Selection letter also

was issued to respondent no. 7. Pursuant to the aforesaid

appointment of respondent no. 7, she also took part in the

induction training programme and, thereafter, she gave her

joining before the Child Development Project Officer, Dumri

on 23.09.2020. Since then, it has been urged on behalf of

respondent no. 7, she has been discharging her duties as

Aanganbadi Sevika.

9. Mr. Bindhyakeshri Kumar, learned senior counsel

for the petitioner has reiterated his arguments that in case of

any dispute regarding date of birth, the entry in the

matriculation or equivalent certificate must prevail. Apart

from this, it has been submitted that for unavoidable

reasons, the petitioner could not participate in the inquiry

proceedings before the Block Development Officer, Dumri

and her absence from such inquiry cannot ipso facto be read

against her. It was highly presumptuous of the Block

Development Officer to have doubted the capacity of the

petitioner to either read or write. Such presumption is Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

unknown in the eyes of law.

10. The whole dispute, therefore, hinges on the

correct date of birth of the petitioner.

11. Under the circumstances, this Court deems it

appropriate to direct the District Magistrate, Sheohar to

conduct an inquiry regarding the correctness of date of birth

of the petitioner. It would be in his discretion to call for the

necessary information from the Bihar Sanskrit Shiksha Board

and also from the school, which was attended by the

petitioner in her childhood. A decision shall be taken after

subjecting the petitioner to a preliminary test regarding her

capabilities to read and write. The District Magistrate shall

not relegate the inquiry to any other authority. This direction

is being given, keeping in mind that this litigation has been

kept pending for a long time unnecessarily.

12. The District Magistrate shall formulate his report

within a period of four months from the date of

commencement of inquiry, which shall begin within two

weeks from the date of receipt/production of a copy of this

order. In case, it is found that there is no dispute regarding Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

the date of birth of the petitioner, the District Magistrate

shall call upon respondent no. 7 and after hearing the

petitioner as well as respondent no. 7, shall take a decision

with respect to either allowing respondent no. 7 to continue

as Aanganbadi Sevika or to direct for appointment of the

petitioner on the said post.

13. Needless to state that such an order would not

immediately be given effect to for thirty days in order to

enable the parties (petitioner or respondent no. 7) to

challenge the same before the Divisional Commissioner by

way of revision. In the meantime, the respondent no. 7

shall not be disturbed.

14. This court is conscious of the Aanganbadi Sevika

/ Sahaiyka selection guidelines of 2019 in which, the first

authority to dispose of any complaint is the Child

Development Project Officer and the forum of appeal against

the order of Child Development Project Officer is before the

District Programme Officer. Revision against the order of the

District Programme Officer is maintainable before the

concerned Divisional Commissioner. The responsibility of the Patna High Court CWJC No.7989 of 2020 dt.21-01-2021

District Magistrate with respect to such complaints regarding

appointment of Aanganbadi Sevika has now been dispensed

with under the new guidelines of 2019.

15. However since an inquiry was directed to be

conducted regarding the date of birth of the petitioner by the

District Magistrate, Sheohar, this Court has directed for a

fresh inquiry in the matter by the District Magistrate only.

16. The writ petition stands disposed of accordingly.

(Ashutosh Kumar, J)

sunilkumar/-

AFR/NAFR              NAFR
CAV DATE              N/A
Uploading Date        08.02.2021
Transmission Date     N/A