KIRAN KUMARI Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) ALL fifty cases listed under the heading "Anganbari Sewika" taken together as on perusal of the pleading in each case I find that except in C.W.J.C. No. 2609 of 2005, C.W.J.C. No. 3864 of 2005, C.W.J.C. No. 4814 of 2005, C.W.J.C. No. 5364 of 2005, C.W.J.C. No. 6363 of 2005 and C.W.J.C. No. 6857 of 2005, in all other cases similar prayer has been made. These six cases be listed separately for hearing and they will not be treated as analogous.

(2.) IN all other 44 cases I find that the prayer of the petitioners are to select them as Anganbari Sewika or to cancel the selection of private respondents who have been selected for the concerned centres as Anganbari Sewika/Sahiyka. Considering the nature of the reliefs which have been prayed by the petitioners in all these writ applications, it is desirable that all cases be disposed of in terms of the order dated 16.7.2007 already passed by this Court in C.W.J.C. No. 460 of 2004 and analogous cases. Accordingly part of the order passed in C.W.J.C. No.460 of 2004 and its analogous cases is being incorporated in this order, and it will form the part of order passed in all 44 cases.

(3.) THE State Government for implementation of I.G.D.S. Scheme has been issuing guidelines time to time. Whenever some lacuna is found in the earlier guidelines a new guideline is issued by the Welfare Department of the Government of Bihar. Guidelines issued under Memo No. 1129 dated 13.6.1998 in Memo No. 32 dated 9.9.2001 and Memo No. 427 dated 20.6.2003 are such guidelines under which procedure has been provided for selection/removal of Anganbari Sewika/Sahaika. In 1998 circular selection was to be made by the Selection Committee and its approval by the D.D.C. was necessary. In case D.D.C. fails to give approval within 15 days the Director, Welfare is authorised to give approval to the selected list of Anganbari Sewika/Sahaika. Minimum qualification for general candidate was Matriculation and for S.C./S.T. candidates npn -matriculation was the qualification. Only daughter -in -law of the concerned Ward/Tola permanently residing in that area were eligible for being selected as Anganbari Sewika/Sahaika. Unmarried/married daughters were not eligible for selection. Priority in selection was to be given to beneficiary group of the concerned village/to/a. In case of similar qualification preference was to be given to widow, destitute and the beneficiary candidate. This guideline was superseded by Memo No. 32 of 2001 dated 9.9.2001. In this guideline all other criteria were similar but the power of selection was totally vested in gram panchayat. Approval of D.D.C. or the Director, Welfare was removed. In case of any dispute/objection relating to selection/removal or non -observance of procedure provided under the guidelines, the District Magistrate was authorised to direct the S.D.O., District Welfare Officer and District Programme Officer for holding enquiry and submitting report. On that basis the District Magistrate was authorised to take decision. There was no provision for any appeal under 2001 guidelines. In 2003 another guidelines was issued vide letter no. 427 dated 20.5.2003 in which some of the provisions were changed. The Aam Sabha was to be called under the chairmanship of Mukhia of only beneficiary group. Widows and destitute were required to be given preference. The beneficiary group was identified as people coming from B.P.L group as well as coming from very poor section of the society. As per the Supreme Court direction in the year 2006 the Department of Welfare has issued another guidelines. Provision under this guideline has been made for further extending the scheme in order to reach the benefit of the scheme to each and every person belonging to weaker section of the society and to improve their conditions. Number of Anganbari centres are to be increased and a new provision has been included under Clause 8 of this guideline which provides that in case of irregularity in selection an affidavited complaint should be filed before the District Magistrate. The District Magistrate on filing of such complaint will conduct enquiry through S.D.O., District Welfare Officer, Project Officer or any officer not below the rank of S.D.O. On receiving such report under Clause 9 of the guideline the District Magistrate will pass an order under Clause 10. of the guideline. A speaking order under Clause, 10 is required to be passed after giving opportunity of hearing to both the parties. A new provision for appeal under Clause 11 of the guideline has been provided. Anyone aggrieved by the order of the District Magistrate can prefer an appeal within 30 days before the Commissioner. Guideline of 2006 also provide age limit for being selected as Anganbari Sewika/Sahaika. Age of the candidate must be in between 18 to 40. The selection has to be made in order of priority as mentioned in the guideline. The guideline of 2006. provides complete procedure for deciding any dispute relating to selection/removal of Anganbari Sewika/Sahaika. 2006 Guideline does not fix time limit for passing an order on a complaint either by the District Magistrate or in case of appeal by the appellate authority. The Department of Welfare should rectify this lacuna by providing time limit for disposal of affidavited complain and appeal.