Petitioner, an Anganwari Sevika with 26 years of experience, challenged her rejection for appointment as Lady Supervisor, claiming denial of age relaxation for OBC category. Court held rejection was lawful as petitioner exceeded the 45-year age limit prescribed in the 2010 guidelines.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13329 of 2012
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Raj Kumari Wife Of Sri Balkrishna Prasad Resident Of Village And PostMankipar, P.S.- Kadirganj, District- Patna
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar, Advocate For the Respondent/s : Mr. Md. Khurshid Alam, AAG 12 Mr. Nutan Sahay, AC to AAG 12 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT
Date : 04-03-2024
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
the respondent authority to appoint the petitioner on the post of Lady Supervisor out of 25% of seats reserved for Anganwari Sevika and the petitioner has 26 years of experience of Anganwari Sevika and the respondents has denied the appointment of the petitioner of Lady Supervisor on the ground
Patna High Court CWJC No.13329 of 2012 dt.04-03-2024 2/3
that the petitioner has crossed the age limit as prescribed for the said post.
submits that he has filed a counter affidavit as well as supplementary counter affidavit clearly stating that in compliance of the order dated 29.01.2024 the District Programme Officer, Patna vide letter no. 277 dated 05.02.2024 has sought guidelines from the Director, ICDS, Bihar, Patna. In reply to the aforesaid letter, the Director, ICDS, Bihar, Patna vide letter no. 995 dated 09.02.2024 has sent his opinion wherein it has been stated that the Rules with regard to the appointment of the Lady Supervisor on contractual basis has been framed vide resolution no. 1846 dated 10.06.2010 issued
Patna High Court CWJC No.13329 of 2012 dt.04-03-2024 3/3
by the Social Welfare Department, Government of Bihar. As per para (iv) (2) (ka) of the said guidelines, the age limit of the 45 years has been fixed for appointment on the post of Lady Supervisor from the Anganwari Sevika and it is admitted fact that the petitioner has crossed the prescribed age limit of 45 years, therefore, her candidature has rightly been rejected by the authority concern.
(Rajesh Kumar Verma, J)
Vanisha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 05.03.2024 |
| Transmission Date | N/A |
3 issues framed by the court
Whether the petitioner is entitled to appointment as Lady Supervisor by relaxing the age limit in view of her years of service.
Whether the petitioner's rejection from the post of Lady Supervisor due to crossing the age limit was lawful.
Whether relaxation of age limits can be granted to OBC category applicants despite general reservations.
Raj Kumari
The State Of Bihar and others
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
