ANJU KUMARI @ ANJU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) In the present case, the petitioner is challenging the order dated 8.01.2018 passed by the Collector-cum-District Magistrate, Aurangabad in Appeal No.57 of 2016, whereby and whereunder he has rejected the appeal and affirmed the order dated 5.05.2016 passed in Aanganwari Sevika/Sahayika Appeal Case No.3/2016 by the District Programme Officer, Aurangabad and both of them have refused to accede the prayer made by the petitioner, as the petitioner claimed that she has wrongly been deprived of selection as Aanganwari Sevika though she belongs to scheduled caste candidate, which is a dominant caste in the society, illegally deprived on the ground of her grandfather-in-law is Chaukidar being a government servant.

(3.) The matter relates to appointment with respect to Aanganwari Sevika in Centre Code No.124, Block-Deo, District- Aurangabad. An advertisement vide Advertisement No.1 of 2013 was published through Memo No.95 dated 15.04.2015 in which the petitioner and others applied. One Namita Paswan had secured the highest marks, but she is resident of Jharkhand, whereas, the petitioner is the second in merit and respondent no.7 Saraswati Kumari is the third in merit. The Aam Sabha was conducted in which candidature of Namita Paswan was not considered on the ground that she belongs to Jharkhand State. The petitioner was the only candidate to be considered from among the majority community, but she was deprived of being selected as Aanganwari Sevika on account of fact that her grandfather-in-law was at the relevant time employed as Chaukidar and ultimately, respondent no.7, namely, Saraswati Kumari, who was third position in the merit list has been appointed as Aaganwari Sevika.