Vandana Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 416 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19877 of 2015
     ======================================================

Vandana Kumari W/o Krishna Murari resident of Village and P.O.- Bauri, P.S- Kashichak, District- Nawada ... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, Social Welfare Department, Government of Bihar, Patna

3. The Director, I.C.D.S. Indra Bhawan, Patna

4. The Commissioner, Magadh Division, Gaya, District Gaya

5. The Deputy Director, Social Welfare, Magadh Division, Gaya, District- Gaya

6. The District Magistrate, Nawada, District- Nawada

7. The District Programme Officer, I.C.D.S., Nawada

8. The Child Development Project Officer, Kashichak, Nawada

9. Sunita Kumari W/o Sanjay Sharam, resident of Village- Bauri, P.S. Kashichak, District-

Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anil Chandra, Adv. For the Respondent/s : Mr.Jawahar Pd. Karn, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 30-01-2023

1. In this writ petition grievance raised is relating to

appointment of Anganwadi Worker.

2. In C.W.J.C. No. 21963 of 2014 decided on 12.12.2022

(Reena Kumari Vs. State of Bihar & Ors.,) this Court has held that

the post of Anganwadi Worker does not fall within the purview of State

or Subordinate Services. The post of Anganwadi Worker is under a

scheme introduced by Govt. of India and respective State Govts. and

regulated by guidelines which are non-statutory and therefore not

enforceable in law. The appointment is on honorarium basis and no

statutory procedure has been laid down.

3. Of course, under the guidelines, grievance against Patna High Court CWJC No.19877 of 2015 dt.30-01-2023

appointment of Anganwadi Worker can be raised before the Collector of

concerned District with a further revision to the Commissioner.

4. Even the orders passed by the Collector or the

Commissioner would not be a subject matter of judicial review as the

power being exercised by them relating to a dispute of Anganwadi

Worker is under guidelines and they do not act as a statutory authority

while deciding such dispute. In view thereof, the writ petition would not

be maintainable even against the orders of the Collector or the

Commissioner.

5. Leaving it open to the respective writ petition to avail any

of the aforesaid remedies, if they have not so availed, the writ petition is

held to be not maintainable.

6. Accordingly, this writ petition is dismissed with the

aforesaid liberty.

7. If an appeal/revision is filed, the same shall be decided

expeditiously within a period of six months and the question of

limitation will not arise.

(Sanjeev Prakash Sharma, J) Suraj/-

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