SINDHU DEVI @ SINDHU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Seeking exception to an order dated 07.09.2016 passed by the learned Writ Court in CWJC No.8367 of 2014, this appeal has been filed under Clause 10 of the Letters Patent.

(2.) Even though in the order passed by the learned Writ Court, it is indicated that concurrence finding recorded by the Collector and the Commissioner in the matter of appointment to the Anganwari Sevika need not be gone into and interfered with in a proceeding under Article 226 of the Constitution, but on scanning of the facts that have come on record, we find that the position is not as simple as indicated in the order passed by the learned Writ Court.

(3.) The facts, in brief, which are relevant for deciding of this appeal go to show that initially in the year 2004, a process of selection was undertaken for appointment of Aanganwari Sevika for the centre in question. In the said selection process, the appellant herein Sindhu Devi @ Sindu Kumari was not a party. However, the respondent No.8 Asha Devi along with various other candidates participated in the process of selection and finally one Smt. Nibha Sinha was appointed to the said post. The appointment of the said Nibha Sinha was subject matter of adjudication and was pending before this Court at the instance of various persons, including respondent no.8 herein Asha Devi. While all these writ petitions were pending it is seen that Smt. Nibha Sinha was appointed as a Panchayat Teacher and, therefore, she resigned from the post, as a consequence thereof, all the writ petitions were disposed of remanding the matter to the Collector for consideration.