Seema Devi vs The State of Bihar and Others

Navin Sinha, J.—Heard learned counsel for the appellant and learned counsel for the State. The present appeal arises from an order dated 15.5.2013 dismissing C.W.J.C. No. 8240 of 2001 declining to entertain the claim for appointment as Angan Bari Sewika.

The learned single Judge held that no appointment letter having been issued, the appellant had no legal right to demand appointment especially when the authorities were satisfied that her application was incomplete as it was not accompanied with the necessary certificates.

Angan Bari Sewikas are not Government servants. They are appointed as agents of the State Government for dissemination of welfare schemes. If the principle (sic--principal?) was unwilling, the court cannot thrust an agent upon it.

The selection on basis of which the appellant claims was on 5.6.1997. It is acknowledged that today she is overage for selection. There is a finding of fact with regard to an incomplete application. The question of directing the authority for consideration to appoint the appellant does not arise. In the entirety of the facts and circumstances of the case, we are not satisfied to entertain the appeal. It is dismissed.