Ruby Kumari vs The State Of Bihar And Ors
2023 Latest Caselaw 446 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17125 of 2015
     ======================================================

Ruby Kumari Wife of Shankar Prasad resident of VillagePo P.s Dhansoi, Block Rajpur District Buxar ... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Director, Intrigrated Child Development Scheme ICDS Government of Bihar Patna.

3. The Collector Buxar

4. The District Programme Officer, Buxar

5. The Child Development Project OfficerC.D.P.O Rajpur Buxar

6. Srimati Poonam Kumari wife of Ganesh Prasad resident of VillagePo P.s Dhansoi, Block Rajpur District Buxar

7. Anita kumari wife of Anil Sah resident of VillagePo P.s Dhansoi, Block Rajpur District Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Ashok Kumar Mishra For the Respondent/s : Mr.Sc8- Kumar Alok ====================================================== 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.17125 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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