TARUN KUMARI Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) A Division Bench of this Court in the case of Darshana Devi Versus State of Haryana and others, 2009 153 PunLR 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.

(2.) Counsel for the petitioner, if so advised, may avail the alternative remedy as may be available to the petitioner in accordance with law.

(3.) The writ petition is, thus, dismissed with liberty to the petitioner to have the alternative remedy.