Patna High Court
Puja Kumari vs State Of Bihar on 23 November, 2023
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5134 of 2022
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Puja Kumari W/o Manish Kumar Chandravanshi, Resident of Village -
Deochand, P.S. Obra, District - Aurangabad.
... ... Petitioner/s
Versus
1. State of Bihar through Director Integrated Child Development Service under
Social Welfare Department, Bihar, Patna.
2. District Magistrate, Aurangabad, District - Aurangabad.
3. District Programme Officer, Aurangabad, (Integrated Child Development
Services), Aurangabad.
4. Child Development Project Officer, Obra, District - Aurangabad.
5. Sulochani Devi, W/o Prabhudayal Gupta, Resident of Village - Deochand,
P.S. Obra, District - Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Kumar Pandey
For the Respondent/s : Mr.S.K.Mandal (Sc3)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 23-11-2023
The present writ petition has been filed seeking the
following reliefs:-
"1(i). For issuance of an appropriate writ in the
nature of certiorari for quashing the order dated
19.08.2019
passed in Anganbari Appeal No.
06/2018 passed by District Magistrate,
Aurangabad by which learned Magistrate,
confirmed the order dated 28.03.2018 passed in
appeal Case No. 13/2017 passed by District
Programme Officer, Aurangabad by which the
selection committee Wrongly selected respondent
no. 5 for the post of Anganbari Sevika ignoring
Patna High Court CWJC No.5134 of 2022 dt.23-11-2023
the guidelines instead by petitioner who has
fulfilled all the criteria for the post of Anganbari
Sevika for Deochand Centre Code No. 137 under
Obra Block, Dist- Aurangabad.
(ii). For issuance of an appropriate writ in the
nature of mandamus directing the respondent
authorities to appoint the petitioner on the post of
Anganbari Sevika for the cenre Deochand Code
No. 137 under Obra Block, Aurangabad. District-
Aurangabad. "
2. At this juncture, this Court would refer to a
judgment rendered by a co-ordinate Bench of this Court in the
case of Seema Kumari vs. The State of Bihar and others,
reported in (2015) SCC Online Pat 7267, paragraphs no. 9 to 11
whereof, are reproduced herein below:-
"9. As noted above, the Anganbari Sevika is not
a government servant and has no protection
under Article 311(2) of the Constitution of India
so as to envisage the concept of regular
departmental proceeding. The petitioner was
given a notice. She was informed about the
allegation against her. She had filed her show-
cause reply which was considered by the
District Programme officer and when the order
went against her, she had also been given
adequate opportunity by the appellate authority
who, in fact, had himself got the matter verified
Patna High Court CWJC No.5134 of 2022 dt.23-11-2023
by referring the matter to the Bihar Sanskrit
Board.
10. In that view of the matter, this Court would
not find any error in the impugned order of
termination of the services of the petitioner
when it is found that the petitioner had got
appointment by producing a document in
support of qualification which was found to be
incorrect/forged.
11. Thus for the reasons indicated above, this
application must fail and is, accordingly,
dismissed."
3. It would be apt to refer to yet another judgment rendered
by the learned Division Bench of this Court in the case of Neetu
Kumari v. The State of Bihar and others, reported in 2011 (4)
PLJR 20, paragraphs no. 4 and 5 whereof are reproduced herein
below:-
"4. In our considered view, the post of
Anganbari Sevika is not a post having security
of tenure or protection under Article 311 of
Constitution of India. Considering the very
nature of engagement which provides of
honorarium, we are of the view that in case the
appellant still feels aggrieved, she may
approach the Civil Court for damages. There is
nothing at stake in such a scheme other than
Patna High Court CWJC No.5134 of 2022 dt.23-11-2023
honorarium. For such contractual engagements
the relief of reinstatement is not appropriate
and even if there is breach of the scheme or any
other principle of law, the claim should
ordinarily be permitted, if found good on
merits, only for damages.
5. The appeal is dismissed."
4. Considering the aforesaid aspect of the matter, the
learned counsel for the petitioner seeks not to press the present
writ petition, however, seeks liberty on behalf of the petitioner
to avail such other alternative remedies as are otherwise
available under the law. Liberty, so sought, is granted.
5. The writ petition stands dismissed.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.11.2023
Transmission Date NA
