A Division Bench dismissed the writ petition filed by Mohini Devi, an Anganwari worker, relying on Darshana Devi, establishing that such workers do not hold civil posts and the authorities are not State instrumentalities under Article 12.
Writ petition dismissed with liberty to avail alternative remedy.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.7088 of 2011 Date of Decision: September 26, 2011
Mohini Devi
...Petitioner
Versus
State of Haryana & others
...Respondents
CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr.Rajeev Anand, Advocate, for the petitioner.
RANJIT SINGH, J.
A Division Bench of this Court in the case of Darshana Devi Versus State of Haryana and others , 2009 (1) PLR 174 has held on the basis of law laid down by the Hon'ble Supreme Court in State of Karnataka Versus Ameerbi, (2007) 11 SCC 681 that the person working as Anganwari worker does not hold a civil post and the recruitment process is not governed by the Constitution or any Statute. That being the position, the writ petition could not be held maintainable as the authorities are not instrumentalities of State to be amenable to the definition of “State” under Article 12 of the Constitution of India.
Counsel for the petitioner, if so advised, may avail the alternative remedy as may be available to the petitioner in accordance with law.
The writ petition is, thus, dismissed with liberty to the petitioner to have the alternative remedy.
September 26, 2011 ( RANJIT SINGH ) ramesh JUDGE
2 issues framed by the court
Whether a writ petition by an Anganwari worker challenging non-recruitment is maintainable as the worker does not hold a civil post.
Whether the recruitment process for Anganwari workers is governed by the Constitution or any Statute making the authorities amenable to Article 12.
Colour shows how this judgement treated each authority
Darshana Devi Versus State of Haryana and othersRelied on¶15
Darshana Devi Versus State of Haryana and others, 2009 (1) PLR 174
State of Karnataka Versus AmeerbiRelied on¶15
State of Karnataka Versus Ameerbi, (2007) 11 SCC 681 · Who else cites this
Mohini Devi
State of Haryana
others
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
