NUTAN KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The order dated 18th Nov., 2011 passed by the learned Single Bench in CWJC No. 17352 of 2011 is the subject matter of the challenge in the present Letters Patent Appeal, whereby the challenge to the order passed by the District Magistrate, Samastipur, dated 5.7.2011, remained unsuccessful.

(2.) The appellant was appointed as Anganwari Sevika by letter of appointment dated 27.05.2007 in Village Udaypur, Ward No. 15, Block Rosera, District Samastipur. Subsequently, her appointment was set aside by the District Magistrate, Samastipur, on 22.02.2008 for the reason that father of the appellant is in Government service and, therefore, she is ineligible for appointment. Being aggrieved, the appellant filed CWJC No. 5358. of 2008. This Court remitted the matter to the District Magistrate to reconsider his order in terms of the judgment of this Court in the case of Sunita Kumari Vs. State of Bihar & Ors. [2010 (3) PLJR 68]. It is in terms of the said order that the District Magistrate, Samastipur, considered the matter and rejected the appeal. Still aggrieved, the appellant filed the present writ petition which has since been dismissed.

(3.) The entire basis of the arguments of the learned counsel for the appellant is the judgment of the learned Single Judge of this Court in the case of Sunita Kumari (supra) where the rule prohibiting appointment as Anganwari Sevika whose relation is employed has been struck down. Therefore, the argument is that the appointment of the appellant on the same basis cannot be sustained. In the aforesaid case, the petitioner Sunita Kumari was removed as Anganwari Sevika by order dated 24th August, 2007, inter alia, on the ground that her relation is in Government service. This Court allowed the writ petition. The relevant extract from the order are as follows :-