Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court

The Patna High Court has held that selection or engagement to the post of Anganwadi Sevika under the Integrated Child Development Services (ICDS) scheme does not confer any enforceable statutory right, and disputes relating to such selection ordinarily do not warrant interference in writ jurisdiction.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing an intra-court appeal challenging the judgment dated 10.02.2023 passed by a learned Single Judge in C.W.J.C. No. 10524 of 2017, whereby the writ petition filed by the appellant was dismissed.The dispute arose out of selection to the post of Anganwadi Sevika for Ward No. 9, Anganwadi Centre No. 153, situated at Village Phulout (West), District Madhepura. The appellant claimed that she was a permanent resident of the concerned ward, belonged to the Extremely Backward Class, possessed the requisite educational qualifications, and had the support of the majority of beneficiaries in the general body meeting dated 23.08.2014.Her grievance was against the selection of Respondent No. 10, who, according to her, was not a resident of Ward No. 9 and was therefore ineligible. It was also alleged that the selection process suffered from irregularities and violation of the governing guidelines, particularly those relating to ward-based eligibility and beneficiary support.The appellant contended that an illegal appointment cannot be sustained merely because the selected candidate has continued in service. It was argued that relevant materials such as voter lists and applicable guidelines had not been properly considered.The respondents, on the other hand, submitted that the selection of Respondent No. 10 was made strictly in accordance with the applicable guidelines, and that the appellant's objections had already been considered and rejected by the District Programme Officer and affirmed by the District Magistrate.The Court noted that the learned Single Judge had correctly examined the nature of the post and the limited scope of writ interference in such matters. It held:“It is to be noted that engagement/selection to the post of Anganwadi Sevika is not a statutory appointment under any service rules, but is part of a welfare scheme framed by the Government, namely the Integrated Child Development Services (ICDS). Such engagement is governed by executive instructions and guidelines, and does not confer any enforceable statutory right so as to warrant interference under writ jurisdiction.”Reiterating the settled principle that the scope of judicial review is extremely limited in matters arising out of honorary or scheme-based engagements, the Court held that writ jurisdiction cannot ordinarily be invoked to adjudicate disputes involving comparative merit, local preference, or eligibility under such schemes.In view of the above, the Court held that the writ petition itself was not maintainable, as the dispute did not involve violation of any statutory provision or enforceable legal right.Accordingly, finding no error in the order of the learned Single Judge, the Court dismissed the appeal, while leaving it open to the appellant to avail alternative remedies, if so advised.Case Title: Ram Dulari Devi v. State of Bihar and Ors.Case No.: Letters Patent Appeal No. 695 of 2023 (in Civil Writ Jurisdiction Case No. 10524 of 2017).Appearance: Mr. Shivnandan Sah appeared for the Appellant. Mr. Gyan Prakash Ojha appeared for the State.Click Here To Read/Download Order

Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court

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Selection To Post Of Anganwadi Sevika Under Welfare Scheme Does Not Confer Enforceable Statutory Right: Patna High Court

Rushil Batra

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