Patna High Court
Mahalakhshmi Kumari vs The State Of Bihar on 21 January, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1403 of 2023
In
Civil Writ Jurisdiction Case No.2007 of 2023
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Mahalakhshmi Kumari, Wife of Manik Chand Maya, Resident of Village-
Bariyahi, Ward No. 13, Post- Devottar, Police Station- Banmankhi, District-
Purnia.
... ... Appellant/s
Versus
1. The State of Bihar through the Secretary, Department of Social Welfare,
Government of Bihar, Patna-800001.
2. The Divisional Commissioner, Purnia.
3. The District Magistrate, Purnia, District- Purnia.
4. The Director (ICDS) Integrated Children Department, Administrative-cum-
District Officer, Purnia.
5. The Joint Commissioner cum Secretary, Regional Transport Authority, O/O
Sub-Divisional Commissioner, Purnia.
6. The District Officer, Purnia.
7. The District Program Officer, Purnia.
8. The Deputy Collector, Land Reforms, Banmankhi, Purnia.
9. The Child Development Program Officer, Banmankhi, Purnia.
10. Namrta Kumari, Wife of Arvind Kumar, Resident of Village- Bariyahi, Ward
No. 13, Post- Devottar, P.S.- Banmankhi, District- Purnia.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sudhir Kumar Thakur, Advocate
Mr. Narendra Kumar, Advocate
For the Respondent/s : Mr. Government Advocate-7
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 21-01-2025
Mr. Narendra Kumar, the learned Advocate for
the appellant/ applicant presses I.A. No. 1 of 2023 for
Patna High Court L.P.A No.1403 of 2023 dt.21-01-2025
condoning the delay of 32 days in preferring this appeal.
2. For the reasons stated in the application, the
delay of 32 days in preferring this appeal is condoned.
3. I.A. No. 1 of 2023 stands allowed.
4. We have heard Mr. Narendra Kumar, the
learned Advocate for the appellant, Mr. G.P. Ojha, the
learned Government Advocate No. 7 for the State and Mr.
Praveen Ranjan, the learned Advocate for private
respondent No. 10.
5. The appellant was earlier appointed as an
Anganwari Sevika for Centre No. 93, Ward No.13. The
said engagement of the appellant was found to be not in
accordance with the Rules for appointment of Anganwari
Sevikas. The District Programme Officer, therefore, set
aside the appointment of the appellant. The ground raised
was that the mapping register, which is the basis for
selection, was only signed by a local Panch and not by
either Lady Supervisor or by the C.D.P.O. which is the
Patna High Court L.P.A No.1403 of 2023 dt.21-01-2025
requirement under the Rules.
6. The concerned District Magistrate affirmed
the aforenoted order of the District Programme Officer
but a Bench of this Court in CWJC No.2288 of 2017
remanded the matter before the District Magistrate as it
was found that the order passed by the District
Programme Officer was copied in verbatim by the District
Magistrate.
7. It appears that thereafter the District
Magistrate, on perusal of the entire records found that the
order passed by the District Programme Officer setting
aside the appointment of the Anganwari Sevika was
correct.
8. This order was then interfered by the
Divisional Commissioner on the ground that the signature
of the concerned authority, viz., C.D.P.O. appeared to be
a later interpolation.
9. Otherwise also, we agree with the findings of
the learned Single Judge that in such matters, especially
Patna High Court L.P.A No.1403 of 2023 dt.21-01-2025
with respect to Anganwari Sevika selection where there is
no fixity of tenure and the post is not a civil post, the
interference should be as minimal as possible unless there
are procedural lapses which go to the root of the matter
and there is any violation of principles of natural justice.
10. The respondent No. 10 is performing her
duties as Anganwari Sevika since 2022.
11. We do not find any need to interfere with
the order passed by the learned Single Judge.
12. The appeal is dismissed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Saurabh/Rajesh
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2025
Transmission Date
