MADHURI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Every community must get its due share of quota so long as we do not become an egalitarian society. Annexure-1 is the order passed by the District Magistrate, Nawadah. This order which has been passed on due adjudication which initially related to the removal of one Kumari Nibha Sinha who was appointed as a Anganwari Sewika in what is known as Narhat Prakhand of Pali Panchyat of Village Chooti Pali in the District of Nawada.

(2.) The Court is not required to look into the reasons or the infirmity found in appointment of Kumari Nibha Sinha because that issue has not been raised by the present Petitioner who came to be subsequently appointed as a Anganwari Sevika on the ouster of Kumari Nibha Sinha. It is during the course of adjudication that the District Magistrate also came to a considered opinion that even in the case of selection of the present Petitioner the Aam Sabha did not follow due procedure laid down under the guidelines issued by the State with regard to the selection of Anganwari Sewika because the widest publicity was not given. Admitted position is that in the mapping register the area in question is dominated by minority community and it is surprising, that No. minority community has come forward to stake her claim for appointment as a Anganwari Sewika. Finding is that the widest publicity was not given and the Petitioner came to be selected, which was not in consonance with the requirements of such selection.

(3.) A counter affidavit has been filed on behalf of the State which is in support of the decision rendered by the District Magistrate. Their stand is that due to lack of adequate publicity the rightful claim of the minority community of that area has been taken away and Petitioner came to be appointed in a manner which is not totally above board.