High CourtsSINGLE BENCH(2017) 11 PAT CK 0004

Shabana Tabassum vs The State of Bihar

Patna High Court · Decided on 3 November 2017

HON’BLE JUDGES
Vikash Jain
RESULT
Dismissed
CASE NUMBER
13891 of 2008

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Judgment

31 paragraphs · 334 words
1.

The present writ petition has been filed for quashing part

of the proceedings of the meeting of the Gram Sabha dated 26.04.2007

in which the private respondent no. 10 had been selected as Anganwari

Sevika in respect of Anganwari Kendra, Abgila South.

2.

Learned counsel for the petitioner submits that after due

enquiry it was found that irregularities have been committed in

selection of Anganwari Sevika of Anganwari Kendra, Abgila South and

accordingly recommendation had been made by the District

Programme Officer, Gaya for cancelling the selection made. It is

submitted that the private respondent no. 10 had been selected

despite the fact that she was a daughter of the beneficiary area of the

Anganwari Kendra and hence not eligible to be selected. It is submitted

that the petitioner is a daughter-in-law of the beneficiary area of the

Kendra and ought to have been selected for appointment.

3.

Learned counsel for the respondent no. 10 appears and

opposes the writ petition submitting that as a matter of fact she was

married to Mr. S. Neyaz Ahmad Quadri of the same village who had

settled permanently in the said village since long. It is therefore,

submitted that the respondent no. 10 is equally a daughter-in-law of

the beneficiary area of the Anganwari Kendra.

4.

Having heard learned counsel for the parties and on

consideration of the materials on record, this Court is not inclined to

interfere in the matter. The respondent no. 10 claims to be a daughter-

in-law of the beneficiary area of the Kendra since before her selection

as Anganwari Sevika which fact has not specifically been controverted

in the rejoinder filed by the petitioner. Prima facie, a copy of the

voters'' list enclosed with the counter affidavit supports her stand of

being a daughter-in-law of the beneficiary area of the Kendra in

question. This Court, therefore, does not find any infirmity in the

decision of the Gram Sabha taken in its meeting dated 26.04.2007.

5.

The writ petition accordingly stands dismissed.