RANJU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid two writ petitions arise out of the same selection process, hence, have been heard together with the consent of the parties and are being disposed of by this common judgment.

(2.) The writ petition bearing CWJC No. 12462 of 2018 (Ranju Kumari Vs. The State Of Bihar and Ors.) i.e. the first case, has been filed for quashing the order dated 18.05.2018 passed in Case No. 434 (M) 2017 by the District Magistrate, Nawada, to the extent it has been directed that fresh advertisement be issued for making fresh selection to the post of Anganwari Sevika for Anganwari Centre-Bhairo Beldaria, Code No. 256, under the Nawada Sadar Block, Distict-Nawada, since the life of the panel / merit list, being only one year, has lapsed, though the appeal of the petitioner of the second case, namely, Arti Kumari has been dismissed.

(3.) The brief facts of the case are that in the year 2016, a selection process was initiated for the purposes of making appointment on the post of Anganwari Sevika in village-Bhairo Beldaria, Nawada, at Centre No. 256, pursuant whereof, the petitioners of the aforesaid two writ petitions along with several other persons had filled their applications, whereafter a merit list was prepared and the petitioner of the second case was declared selected by the Aam Sabha, whereupon she had joined as Anganwari Sevika at the aforesaid Anganwari Centre. The petitioner of the first case had then filed a complaint before the District Programme Officer, Nawada, on the ground that the petitioner of the second case is not a resident of the aforesaid centre. The District Programme Officer, Nawada, by a detailed order dated 30.06.2017 passed in Case No. 44 (Miscellaneous) Selection/2016, Year-2017, after considering the objection of the petitioner of the first case, the documents furnished by the petitioner of the second case as also the materials available on record, came to a finding that the petitioner of the second case is not a permanent resident of Poshak area inasmuch as the name of the husband of the petitioner of the second case is registered in the voter-list of village-Manjor Beldaria, P.S. and Circle-Warisaliganj and for omitting the same, an application was submitted before the BLO, whereafter his name had been removed from the voter-list and moreover, in one police case bearing Deepnagar P.S. Case No. 66/2015, wherein the petitioner of the second case is an accused, the address of the petitioner of the second case, her husband and their family members have been stated as Milki Manjor Beldaria, P.S.-Warisaliganj, District-Nawada. The District Programme Officer, Nawada has also come to a finding that the petitioner of the second case i.e. Arti Kumari, is not a permanent resident of Anganwari Centre- Bhairo Beldaria and she is in fact resident of Manjor Beldaria, P.S.-Warisaliganj, which is also substantiated from the mapping register. In such view of the matter, the District Programme Officer, Nawada, by his order dated 30.06.2017, has cancelled the selection/ appointment of the petitioner of the second case, namely, Arti Kumari.