Smt.Bandana Rani vs The State Of Bihar &Amp; Ors on 27 August, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.2890 of 2010
         1. SMT. BANDANA RANI W/O SRI LALOO PRASAD YADAV R/O
         VILL. AND P.O.- MANGALGARH, P.S. HASSANPUR, DISTT.-
         SAMASTIPUR
                              Versus
         1. THE STATE OF BIHAR
         2. THE SECRETARY, DEPTT. OF SOCIAL WELFARE, GOVT. OF
         BIHAR, NEW SECRETARIAT, PATNA
         3. THE DIVISIONAL COMMISSIONER, DARBHANGA DIVISION
         4. THE DISTRICT MAGISTRATE, SAMASTIPUR
         5. THE CHILD DEVELOPMENT PROJECT OFFICER, HASSANPUR
         BLOCK, DISTT.- SAMASTIPUR
         6. SMT. LALITA DEVI W/O RANDHIR ROY R/O MANGALGARH
         PANCHAYAT, P.S. HASSANPUR, DISTT.- SAMASTIPUR
                                      -----------

2. 27.8.2010 Heard learned counsel for the petitioner and

the State.

The petitioner assails the order of the

Divisional Commissioner, Darbhanga in Case No. 8 of

2009-10 dated 8.12.2009.

Learned counsel for the petitioner submits that

there was no compulsion or requirement under the

regulations dated 13.6.1998 that a candidate appointed

as an Aganwari Sewika herself was required to be from

below the poverty line.

The impugned order holds that the

appointment related to the year 2003, when the circular

dated 13.6.1998 was in vogue. According to it one of the

requirements was that an Anganwari Sewika must belong

to the beneficiary group of the centre.

Clause-1 of the circular provides for
2

identification of villages and location where people below

the poverty line extremely poor and weak reside and

whose upliftment was necessary. Clause-2 provides for

identification in such villages and location for

establishment of Anganwari Kendra for persons below the

poverty line. Clause-5 (6) specifically provides that the

Aganwari Sewika at a centre shall be from amongst the

beneficiaries. A harmonious reading of Clause 1, 2 and

5(6) leads this Court to hold that first an identification has

to be done of persons residing below the poverty line in a

villages or location whose upliftment is necessary, the

Aganwari Sewika is then to be appointed from amongst

them. The purpose is salutary, the feelings and desire for

upliftment which shall be prevalent in a person similarly

situated will motivate a person from one amongst them of

the same category shall be entirely different from another

but may not have the same feelings/suffering the same

travails as a person below the poverty line.

There is no merit in this application. It is

accordingly dismissed.

P. Kumar                                       ( Navin Sinha, J.)