Petitioner woman, first on merit list for Angan Bari Sevika post, approached court for appointment. Court held merit list lapsed per guidelines due to election Code of Conduct and delay exceeding one year. Writ petition dismissed.
Writ petition dismissed as it was devoid of merit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 10788 of 2016
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Seema Devi, Wife of Satyendra Kumar Singh, resident of Village - Badauli, P.S. - Baniyapur, District- Saran at Chapra
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satyendra Kumar Singh For the Respondent/s : Mr.V.K. Singh- Ga3
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 14-02-2019
Heard learned counsel for the petitioner and the respondent-State.
2 The petitioner has filed the writ petition since she was an applicant for appointment as Angan Bari Sevika of Angan Bari Center known as Jaiprakash Kushwaha Ka Tola, Ward No 3 of Gram Panchayhat Raj Badauli, PS – Baniyapur in the district of Saran. It is petitioner’s case that in the merit list dated 22.10.2014, she was the first empanelled candidate. However, she could not be appointed because the selection process was being enquired into at
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the level of the officials. Upon enquiry, it was found that the petitioner having 63.71 marks was eligible to be considered for appointment as Angan Bari Sevika. This recommendation was dated 11.08.2015. In the counter affidavit filed by the respondentauthorities, it has been pointed out that due to Code of Conduct coming into play at the time of Assembly Elections, the selection could not be done for one year from the date of advertisement. Prior to the report dated 11.08.2015 in favour of the petitioner, the Secretary, Integrated Child Development Scheme(for brevity, ICDS ), Government of Bihar, Patna issued a Letter dated 07.08.2015 providing some Guidelines to be observed in the matter of selection. Clause 8/8.20, that is the amended provision, provides that if the selection is not done within one year for sufficient reasons then at best, the District Magistrate can extend the validity of the merit list/panel for one month, thereafter selection has to be done afresh.
3 Since, more than a year had elapsed from creation of the panel, the authorities, under the Guidelines dated 07.08.2015, are obliged to proceed with the appointment process afresh.
4 In view of such Guidelines having been brought to the notice of this Court, this Court does not find the case of the petitioner for being selected on the basis of the panel dated
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22.10.2014 to be worthy of consideration. The period of panel has lapsed in view of the Guidelines issued under the Letter of Secretary, ICDS dated 07.08.2015. These facts have also not been controverted or disputed by filing any rejoinder to the counter affidavit.
5 Writ petition is devoid of merit and the same is dismissed.
(Madhuresh Prasad, J)
M.E.H. /-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.02.2019 |
| Transmission Date | NA |
2 issues framed by the court
Whether the petitioner can be appointed as Angan Bari Sevika based on a merit list that had lapsed due to the Code of Conduct and applicable guidelines.
Whether the petitioner's writ petition challenging the non-appointment on the expired merit list has merit.
Seema Devi
State Of Bihar
Principal Secretary, Social Welfare Department, Govt Of Bihar
District Social Welfare Department, Govt of Bihar
District Magistrate, Saran at Chapra
District Welfare Officer, Saran at Chapra
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
