SAWITA KUMARI, WIFE OF ASHOKK YADAV, RESIDENT OF VILLAGE YOGIDIH, P.S. KHODAWANPUR, DISTRICT BEGUSARAI Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Both the writ applications were heard together. In the case of Sawita Kumari, a direction is sought for quashing the order dated 25.06.2014, passed by the Divisional Commissioner, Munger, which is Annexure-4, by virtue of which the appeal of private respondent no.6 was allowed and the order of the District Magistrate, Begusarai was set aside with a direction for reconsideration. The private respondent no.6 in CWJC No.18474 of 2014 has also filed a separate writ application, which is CWJC No.3968 of 2016 wherein she is seeking enforcement of the order of the Divisional Commissioner, Munger and direction upon the respondent authorities to accept her joining on the post of Anganwari Sevika.

(2.) On 01.07.2011, the Gram Panchayat Raj, Bariyarpur short listed the name of Sawita Kumari at serial no.1 for engagement as Anganwari Sevika for Anganwari Centre No.75. This selection was challenged by Sanjita Kumari by filing CWJC No.22726 of 2011. The learned Single Judge directed the District Magistrate to hear and decide the issue. The District Magistrate, Begusarai dismissed the case of Sanjita Kumari filed against the selection of Sawita Kumari. She went in appeal and the Divisional Commissioner, Munger set aside the order of the District Magistrate with a direction for fresh decision primarily on the ground that while calculating the percentage of marks obtained by Sawita Kumari, marks of additional paper was also added which had the effect of pushing up the aggregate percentage marks of Sawita Kumari which proved detrimental to the interest of Sanjita Kumari. Marks of additional paper was not required to be considered or added in working out the percentage as per the directive issued by the I.C.D.S. Department in the year 2011 and special reference was made to Clause 5 thereof.

(3.) The Court has been taken through the provision of Clause 5 of the directive which clearly states that while calculating the percentage of marks of matriculation or equivalent examination, marks of additional paper or papers will not be included.