Kumari Versha Rani vs The State Of Bihar And Ors
2023 Latest Caselaw 431 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.11008 of 2015
     ======================================================

Kumari Versha Rani Wife of Pinto Kumar resident of village - Ghanghauli ward No. 14, P.S. Nawada, Distt. - Nawada ... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Divisional Commissioner, Magadh Division Gaya

3. The District Magistrate, Nawada

4. The Deputy Director Welfare Magadh Division, Gaya

5. The District Programme officer, Nawada

6. The Child Development Project officer, Nawada

7. Rubi Devi Wife of Bindeshwar Prasad resident of village - Ghanghauli ward No. 14, P.S. Nawada, Distt. - Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shankar Kumar, Adv. For the Respondent/s : Mr. Krishna Deoraj, 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 CWJC 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.11008 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) Lata/-

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