Pushpa Devi vs State Of Bihar

Dr. Anshuman, J

Heard learned Counsel for the petitioner and learned Counsel for the State.

Learned Counsel for the petitioner has filed the present writ petition challenging the order dated 07.08.2025 passed by the District Programme Officer, Samastipur, in Anganwari Appeal Case No.352 of 2019 (ICDS), Sasamtipur, and DPO Court Samastipur Case No.71 of 2016-17 dated 03.06.2019.

Learned Counsel for the State raised preliminary objection that order of District Programme Officer is challengeable under the Margdarshika for appointment of Aganbari Sevika Sahayika.

After hearing the parties, it transpires to this Court that the advertisement for appointment of Anganwari Sevika took place in the year 2013, appointment letter issued in the year 2015, it is being guided by the Anganwari Sevika Sahayika Margdarshan, 2011. Under the 2011 Margdarshika, there is a provision of challenging order passed by District Programme Officer within 30 days before the Deputy Director Welfare or Additional Collector authorized by the Divisional Commissioner, who has to pass order within 45 days.

The relevant provision laid down under Rule 10.3 to 10.6 are as follows:-

Upon going through those provisions, it is crystal clear that there are two forum of appeal are present. In the first channel, the appointment on the post has subject to challenge, i.e., in Rule-10.3 and 10.4, whereas in second channel, for the irregularity done in running of the Anganwari Kendra is there which is 10.5 and 10.6. It is admitted that in the present case the dispute is admittedly relating to appointment of the Anganwari Sevika. Therefore, provision of 10.3 and 10.4 shall be applicable.

In this view of the matter, the present writ petition is disposed off granting liberty to the petitioner to challenge the same before the statutory appellate authority within 30 days from today.