PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:
Learned counsel for the petitioner and learned counsel for the State are present.
2. The present writ petition has been filed seeking quashing of the order dated 19.12.2015 passed in Anganwadi Sevika Selection Appeal No. 04/2015 by the Child Development Project Officer, Raj Nagar, District-Madhubani (Annexure-6).
The petitioner further prays for cancellation of the appointment of Radha Devi, who has allegedly been wrongly selected for the post of Anganwadi Sevika, and for a consequential direction to appoint the petitioner on the said post.
3. Learned counsel for the State submits that the present matter pertains to the appointment of Aganwari Sevika/Sahayika for the year 2015, which is governed by the Guidelines for Appointment of Aganwari Sevika/Sahayika, 2011. It is further submitted that, as per the said Guidelines, a revision against the impugned order lies before the Divisional Commissioner.
4. Accordingly, the order passed by the District Programme Officer cannot be directly challenged before this Court under writ jurisdiction.
5. In view of the submissions made, and considering that the Guidelines governing the appointment process provide for a statutory remedy of revision before the competent authority, this writ petition is disposed of without entering into the merits of the case.
6. However, the petitioner is granted liberty to approach the Divisional Commissioner concerned by filing a revision petition within 30 days from today. It is made clear that any delay in filing the revision petition shall stand condoned, provided the same is filed within the said 30-day period.
7. The Divisional Commissioner is directed to pass a reasoned and speaking order on the revision petition, if filed, within 90 days from the date of completion of appearance of all concerned parties.
Disclaimer: Curated by HT Syndication.
