Bibi Harira Khatoon vs State of Jharkhand and Others

Aparesh Kumar Singh, J.—This interlocutor)'' application is for early hearing of this case. According to the petitioner, respondents are initiating the process for her selection and appointment as Anganwadi Sewika for Anganwadi Centre of village Kadma in the district of Godda. It is her grievance in the main writ application that her selection and appointment as such has been made on the basis of Aam Sabha held on 19th May, 2010 and provisional appointment letter was also issued at Camp. Kadma by CDPO. Pathargama. but the same has been cancelled by the District Welfare Officer. Godda.

Respondents in their counter-affidavit. have stated that husband of one of the candidates Bibi Nazrin, immediately filed an objection on 20th May, 2010 before the Deputy Commissioner, Godda alleging use of force and collusion with the authorities present in the said general meeting. Thereafter, the matter was inquired into by the District Welfare Officer. Godda. In the said inquiry, selection of the petitioner as Anganwadi Sewika has been cancelled and CDPO. Pathargama has been directed to hold a fresh general meeting for selection of Sewika for the said Centre.

After hearing the parties and on perusal of the materials brought on record, it there-tore appears that the selection of the petitioner was not approved by the competent authority and provisional appointment letter was issued by the CDPO. Pathargama on 19th May, 2010 i.e. the date of Aam Sabha itself. After inquiry undertaken on the complaints made on behalf of one of the candidates, decision to cancel such appointment has been made. Perusal of the provisional appointment letter (Annexure-2/1) itself shows that it was a provisional in nature and if approval is not granted, it would be treated as cancelled. Therefore, as a matter of fact, this appointment letter dated 19th May, 2010 was never approved and was cancelled in view of serious objection relating to use of force and manipulation on the conduct of Aam Sabha made on behalf of one of the candidates. Thereafter, a fresh Aam Sabha has been ordered to be held. In such circumstances, no case is made out on behalf of the petitioner to interfere in the impugned order. However, if the petitioner is eligible, she may participate in the selection process for Anganwadi Sewika of the said Centre in any fresh selection process that is going to be undertaken by the respondent. However otherwise, there is no merit in the writ application, which is accordingly dismissed. I.A. also stands dismissed.