The Court held that the appointment of an Anganwadi Sevika is contractual in nature, not a civil post. Consequently, the selection process is not amenable to writ jurisdiction, rendering the writ petition not maintainable.
The writ petition is dismissed as not maintainable. The petitioner is at liberty to take alternative relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9901 of 2024
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Mamita Kumari w/O- Mukesh Rai, R/o Vill- Delua, Ward No. 06, P.O.Bajitpur, P.S.- Paroo, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Prnav Kumar, Advocate Mr. Rajeev Ranjan, Advocate Smt. Kumari Rupa, Advocate Smt. Priyanka Kumari, Advocate For the Respondent : Mr. Government Pleader (18) ======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER
2 01-07-2024 In the instant writ petition, the petitioner has challenged the selection process of the Anganwadi Sevika for Ward No. 06 of Village Delua, Bajitpur within P.S. Paroo, in the District of Muzaffarpur. It is consistently held by this Court in series of judgments that the appointment of Anganwadi Sevika is not done by following the rules of recruitment. The post of Anganwadi Sevika is not a civil post, they are appointed in a scheme to see the physical and mental development of women and children residing in a particular ward and their services are
Patna High Court CWJC No.9901 of 2024(2) dt.01-07-2024 2/2
absolutely contractual in nature, therefore, selection of Anganwadi Sevika is not amenable to the writ jurisdiction.
disposed of.
(Bibek Chaudhuri, J)
Suraj Dubey/-
U
1 issue framed by the court
Whether the writ jurisdiction of the High Court can examine the selection process of an Anganwadi Sevika, given that the post is contractual in nature and not a civil post.
Mamita Kumari w/O- Mukesh Rai
The State of Bihar through the Principal Secretary, Social Welfare Department
The District Magistrate, Muzaffarpur
The District Programme Officer, I.C.D.S, Muzaffarpur
The Child Development Project Officer, Paroo, Muzaffarpur
The Ladies Supervisor, Anganwari, Ward No. 6, Vill- Delua
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
