IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.622 of 2006
In
(CIVIL WRIT JURISDICTION CASE 810/2005)
Reena Kumari, D/o Sri Shruv Prasad and wife of Vinay
Kumar Gupta, Resident of village- Harpur Rai Police Station-
Harsidhi, P.O.-Harsidhi, District- East Champaran
..... Respondent-Appellant
Versus
01. The State Of Bihar
02. Commissioner cum Secretary, Rural Development
Department Govt. of Bihar, Patna
03. District Magistrate cum Collector, East Champaran,
Motihari
04. District Welfare Officer, East Champaran, Motihari
05. Sub Divisional Officer, Areraj P.S.- Harsidhi, District-
East Champaran
06. Block Development Officer, Harsidhi, East Champaran
07. Child Development Project Officer, Harsidhi, East
Champaran
08. Mukhiya, Gram Panchayat Raj Harpur Rai, P.S.-
Harshidhi, Dist- East Champaran
..... Respondents-Respondents
09. Raj Kumari Sinha wife of Upendra Nath Singh, Resident
of village- Harpur Rai, P.O.- Murarpur, P.S.- Harsidhi,
District- East Champaran
..... Petitioner-Respondent
For the Petitioner:- Mr. Dhananjay Kumar &
Mr. Sunil Prasad, Advocates
For the State:- Mr. Alok Ranjan, A.C. to G.P-17
For Private Res.:- Mr. Uma Shankar Verma, Adv.
----------------------------------
08. 15.11.2011 The present Appeal is filed by respondent
no.9 in the writ petition against the order dated
26.7.2006 passed by the learned single judge in
C.W.J.C. No. 810 of 2005. Her case is that she
belongs to Extremely Backward Class Community.
The learned Single Judge disposed of the writ
petition after setting aside the appointment of the
respondent no.9, appellant herein observing that in
2
view of policy decision of the Government only
members of Scheduled Caste Community can be
appointed as Anganbari Sevika and the learned
Single Judge remanded the matter back for fresh
consideration by appointment committee.
The learned Government Pleader
submitted that the Government has inducted the
rule for appointment for Anganbari Sevika in the
year 2010 and fresh appointments have already
been made for the aforesaid post and her case has
been rejected. But however as has been held by the
learned Single Judge, that she belongs to the
Extremely Backward Class Community and
therefore she cannot be appointed as Anganbari
Sevika in the Centre where she has been appointed,
we are of the opinion that it would suffice, if a liberty
is granted to the appellant herein to apply as a fresh
candidate as per the latest rules, if she is otherwise
eligible as Anganbari Sewika. This Court orders
accordingly.
With the above observation, the L.P.A.
stands disposed off.
(T. Meena Kumari, J.)
(Vikash Jain, J.)
P.K.