The post of Anaganbari sevika is not a government servant has no protection under Article 311(2) of the constitution of India- High court of Patna
THE POST OF ANGANBARI SEVIKA IS NOT A GOVERNMENT SERVANT ,HAS NO PROTECTION UNDER ARTICLE of 311(2) OF THE CONSTITUTION OF INDIA- HIGH COURT OF PATNA
Title -Urmila Kumari Vs The State of Bihar&Ors
Decided on -01/11/2023
+CWJC No.-5188/2023
CORAM-HONORABLE JUSTICE MR.MOHIT KUMAR SHAH
INTRODUCTION
As this petition is been filed for quashing the order passed by the District Programme officer ICDS where the petitioner was selected for anganbari sevika has been cancelled and also pray for quashing of the order passed by the learned collector Samastipur where the appeal is been rejected and also pray for the reinstatement as anganbari sevika at anganbari centre.
FACTS
As per the facts of the case ,the advertisement was published on 09/12/2017 in the daily newspaper for filling the vacant post of anganbari sevika at anganbari centre and petitioner along with the private Respondent no.6 name nutanbala has filed application and finally petitioner was selected as anganbari sevika on 5/12/2018 in an aam sabha ,in presence of the lady supervisor Mira Kumari , inasmuch the petitioner has secured first position in merit list while private Respondent no.6 had secured second position where the respondent 6 filed her objection leading to institution of a case no.172/2018 before the respondent no.3 ie District Programme officer ICDS were alleged that the petitioner,her husband,her father-in- law are having their names in the voter list of three different panchayat and then petitioner had to appear before the respondent no.3 after hearing the parties cancel the selection of petitioner for which petitioner filed an appeal before the collector Samastipur and same has stood to be rejected.The learned councel for petitioner states that the petitioner has been continuously living at Village Mirzapur since from 2011 and also admitted by petitioner that her name was appearing in the voter list of two place and when petitioner got to know about the same she immediately filed an application form 7 before BLO requesting to delete her name from the voter list of mohiuddinagar and then her name was deleted and also states that the petitioner has applied for appointment her name was appearing in the voter list Inayatpur panyachayat.Thus the impugned order having not considered the aforesaid aspect of the matter ,are arbitrary and illigal hence to be set aside.Whereas the learned council for respondents submitted that as thirteen application were received for the post at Inayatpur panchayat where petitioner was in 1st position in merit list and Respondent no.6 was in second position as respondent no 6 was dissatisfied with the selection committee filed a case before District Programme officer (ICDS) rgading irregularities committed in selection of petitioner and after hearing the parties the District Programme officer passed the impunged order and cancelled the selection of petitioner and even petitioner filed for the appeal which was rejected by the collector.Thus the present petition is devoid of any merit and set aside
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties the court finds that since petitioner has failed to conclusively prove that she is a permanent resident of Inayatpur panchayat village mirzapur and the order passe by the District Programme officer and the learned collector donot find any fault with there order and decision.The Hon’ble court states that the post of anganbari sevika is neither a post having security of tenure nor a civil post and no protection under article 311 (2) of the constitution of India ,hence it is sufficient that after due notice to the petitioner and hearing her orde is passed and she may approach the learned civil court of competent jurisdictio.Having regard to the facts and circumstances of the case considering the material available in record the court donot find any merit in the present petition hence the appeal is dismissed.
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