Dismissed

Subhadra Kumari v. The State Of Bihar and Ors.

Patna HC2 Feb 2023CWJC/21217/2013

Case brief

AI extract

What is this about?

The High Court held the writ petition regarding the appointment of an Anganwadi Worker not maintainable. Citing a prior decision, the Court ruled Anganwadi posts are outside state subordinate services, regulated by non-statutory guidelines, and Collector/Commissioner orders are not reviewable.

What did the court decide?

The writ petition was dismissed with the liberty to avail remedies under the non-statutory guidelines. The writ petition was held not maintainable.

Subhadra Kumari Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21217 of 2013

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Subhadra Kumari W/O Indradeo Prasad Resident Of Village - Khanpura, P.O. and P.S. Bhagawanganj, District – Patna ... Petitioner

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Versus

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The State Of Bihar

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The Director, Integrated Child Development Scheme I.C.D.S. , Bihar, Patna

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The Deputy Director, Welfare, Patna Division, Patna

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The District Programme Officer, Patna

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The Child Development Project Officer, Masaurhi, District - Patna

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The Lady Supervisor, Masaurhi, District - Patna ... Respondents

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Appearance : For the Petitioner/s : Mr.Sri Krishna Ranjan, Adv. For the Respondent/s : Mr.Narendra Kumar Singh, AC to GP XX ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL JUDGMENT

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Date : 02-02-2023

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In this writ petition grievance raised is relating to appointment of Anganwadi Worker.

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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 Governments 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.

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Patna High Court CWJC No.21217 of 2013 dt.02-02-2023 2/2

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Of course, under the guidelines, grievance against appointment of Anganwadi Worker can be raised before the Collector of concerned District with a further revision to the Commissioner.

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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.

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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.

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Accordingly, this writ petition is dismissed with the aforesaid liberty.

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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.

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(Sanjeev Prakash Sharma, J)

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Shamshad/Item No. 55

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AFR/NAFR CAV DATE Uploading Date 04.02.2023 Transmission Date

Subhadra Kumari v. The State Of Bihar and Ors.

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Subhadra Kumari v. The State Of Bihar and Ors.

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