LALITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these writ applications petitioners are claiming for their selection as Anganbari Sewika/Sahaika or challenging the order cancelling their selection by the respondents. Petitioners have also challenged the procedure adopted for selection/removal of Anganbari Sewika/Sahaika on the ground that in violation of the guidelines of the Government, selection/removal orders have been passed. Almost in all cases petitioners have stated that their representations filed before the Collector or the D.D.C. is pending for long and not being considered. In some of the writ applications petitioners have challenged the procedure adopted for selection of Anganbari Sewika/Sahaika. In some of the cases selection of the petitioners have been rejected by the respondents considering representation filed before the Collector or the D.D.C. In sum and substance all matters relate to selection as Anganbari Sewika/Sahaika.

(2.) ALLEGATIONS in almost all the writ applications are similar that in selection/ removal guideline of the Welfare Department contained in Memo no. 1129 dated 13.6.1998, Memo no. 32 dated 29.9.2001 or the guideline contained in Memo no. 427 dated 20.6.2003 have not been followed. Petitioners case is that guidelines issued by the government and the directorate regarding giving preference to persons with higher qualification, widow/destitute, beneficiary group belonging to B. P.L. or socially weaker section has been ignored. In some cases procedure adopted for selection of Anganbari Sewika/Sahaika has also been challenged on the ground that Aam Sabha was not called or was not held under the Chairmanship of Mukhia of the concerned gram panchayat or C.D. P.O. who is co -ordinator was not present. In some of the cases allegations also relates to change of centre in violation of guideline.

(3.) THE State Government for implementation of I.C.D.S. scheme has been issuing guidelines time to time. Whenever some lacuna is found in the earlier guidelines a new guideline is issued by the Welfare Department of the Government of Bihar. Guidelines issued under Memo no. 1129 dated 13.6.1998, in Memo no. 32 dated dated 9.9.2001 and Memo no. 427 dated 20.6.2003 are such guidelines under which procedure has been provided for selection/removal of Anganbri Sewika/ Sahaika. In 1998 circular selection was to be made by the Selection Committee and its approval by the D.D.C. was necessary. In case D.D.C. fails to give approval within 15 days the Director, Welfare is authorised to give approval to the selected list of Anganbari Sewika/Sahaika. Minimum qualfication for general category candidate was Intermediate and for S.C./S.T. candidates matriculation was the qualification. Only daughter -in -law of the concerned Ward/Tola permanently residing in that area were eligible for being selected as Anganbari Sewika/Sahaika. Unmarried/married daughters were not eligible for selection. Priority in selection was to be given to beneficiary group of the concerned village/tola. In case of similar qualification preference was to be given to widow, destitute and the beneficiary candidate. This guideline was superseded by Memo no. 32 of 2001 dated 9.9.2001. In this guideline all other criteria were similar but the power of selection was totally vested in gram panchayat. Approval of D.D.C. or the Director, Welfare was removed. In case of any dispute/objection relating to selection/removal or non observance of procedure provided under the guidelines, the District Magistrate was authorised to direct the S.D. O., District Welfare Officer for holding enquiry and submitting report. On that basis the District Magistrate was authorised to take decision. There was no provision for any appeal under 2001 guidelines. In 2003 another guidelines was issued vide letter no. 427 dated 20.5.2003 in which some of the provisions were changed. The Aam Sabha was to be called under the Chairmanship of Mukhia of only beneficiary group. Widows and destitute were required to be given preference. The beneficiary group was identified as people coming from B.P.L group as well as coming from very poor section of the society. As per the Supreme Court direction in the year 2006 the Department of Welfare has issued another guidelines. Provision under this guideline has been made for further extending the scheme in order to reach the benefits of the scheme to each and every person belonging to weaker section of the society and to improve their conditions. Number of Anganbari Centres are to be increased and a new provison has been included under Clause 8 of this guideline which provides that in case of irregulatity in selection an affidavited complaint should be filed before the District Magistrate. The District Magistrate on filing of such complaint will conduct enquiry through S.D.O., district Welfare Officer, Project Officer or any Officer not below the rank of S.D.O. On receiving such report under clause 9 of the guideline the District Magistrate will pass an order under Clause 10 of the guideline. A speaking order under clause 10 is required to be passed after giving opportunity of hearing both the parties. A new provision for appeal under clause 11 of the guideline has been provided. Any one aggrieved by the order of the District Magistrate can prefer an appeal within 30 days before the Commissioner. Guideline of 2006 also provide age limit for being selected as Anganbari Sewika/Sahaika. Age of the candidate must be in between 18 to 40. The selection has to be made in order of priority as mentioned in the guideline. The guideline of 2006 provides complete procedure for deciding any dispute relating to selection/removal of Anganbari Sewika/Sahaika. 2006 guideline does not in fix time limit for passing an order on a complaint either by the District Magistrate or in case of appeal by the appellate authority. The Department of Welfare should rectify this lacuna by providing time limit for disposal of affidavited complain and appeal.