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2025 DAILYLAW 7716 (JHR)

RITA MAHATO v. THE STATE OF JHARKHAND

WPC/1239/2024 · 2025-01-08

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1239 of 2024 ----- Rita Mahato, W/o Ashutosh Mahato, R/o Village Chhota- Baramari, Post Baramari, Panchayat- Burudih, Police Station Kandra, District Seraikella- Kharsawan ------ Petitioner(s) Versus 1.The State of Jharkhand 2.Deputy Commissioner, Seraikella- Kharsawan 3.District Social Welfare Officer, Seraikella- Kharsawan 4.Child Development Project Officer, Seraikella- Kharsawan 5.The Circle Officer, Gamharia, Seraikella- Kharsawan 6. Block Development Officer, Gaharia, Seraikella- Kharsawan 7.Gita Tudu, W/o Shyam Murmu, R/o Chhota- Badanmari, Post Baramari, Panchayat- Burudih, Police Station Kandra, District Seraikella- Kharsawan ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ravi Kumar Singh, Advocate For the Respondent(s) : Mr. Devesh Krishna, S.C. Mines-III Mr. Kumar Pawan, AC to S.C. Mines-III …...... 04 / 08.01.2025: Heard, learned counsel for the petitioner and learned counsel for the respondents. 2. In this writ petition, petitioner prays to quash the selection letter No.63 dated 01.02.2024 (Annexure-3) by which Gita Tudu has been appointed on the post of Anganvari Sevika of Village Chhota- Badamari, Code No.20369010209. 3. It is the case of the petitioner that the village in which, the Anganvari Center is situated has a majority population of OBCs, but ignoring the guidelines, a member belonged to the Scheduled Tribes has been appointed as Anganvari Sevika. At para 6 of the petition, it has been mentioned that the number of persons belonging to OBC were 427 and Schedule Tribes were 337. As per him, for the reasons best known to the respondents, they have appointed a person belonging to the Schedule Tribes. 4. In the counter affidavit of the State in para 15 it has been submitted that a survey was conducted in the area and as per the said survey there were 434 Scheduled Tribes persons in the said area and 431 is the number of the OBCs. 5. The entire dispute relates to the fact as to how many OBCs and how many Scheduled Tribes are there in the Village. As per the pleading of the parties, both the petitioner and respondents have came up with different figures. 6. How many persons in the OBC castes and how many persons in the Scheduled tribes are present in said village is absolutely a question of fact, which this Court cannot decide exercising writ jurisdiction. 7. Further, there is no statutory mandate that in a place where the OBC or ST categories members are more, only they will be appointed. This is merely a guideline, which cannot be enforced. Taking into consideration that disputed fact is involved in this writ petition, I am not inclined to entertain this writ petition 8. Accordingly, the instant writ petition stands dismissed. (ANANDA SEN, J.) R.S.