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Anjum Ara vs The State of Bihar and Others

Not available · 2024 INSC 40Decided 8 Jan 2024
Not available
Justice B.R. Gavai · Justice Sandeep Mehta

Background

Anjum Ara was appointed as an Anganwari Sevika (community childcare worker) in Katihar, Bihar in 2013 after scoring higher marks than a rival candidate. That rival challenged the appointment, and an Appellate Authority cancelled Anjum Ara's appointment on the ground that her father, a Panchayat Teacher drawing a Rs. 6,000/month salary, disqualified her under Clause 4.9 of the 2011 Anganwari Sevika Guidelines (which barred candidates whose family members held government employment). Both a Single Judge and a Division Bench of the Patna High Court dismissed her challenges to this cancellation, even though the same High Court had, in a separate 2022 judgment, already struck down Clause 4.9 itself as violating Articles 14 and 16 of the Constitution.

Decision Breakdown

The Supreme Court held that both the Single Judge and Division Bench of the High Court had "grossly erred" in dismissing Anjum Ara's petitions. Since Clause 4.9, the very provision used to disqualify her, had already been struck down as unconstitutional by the same High Court, it had ceased to exist in law, and there was no requirement for Anjum Ara to separately challenge it in her own case. The Court set aside the High Court's judgments and the Appellate Authority's order cancelling her appointment, allowed her original writ petition and appeal, and directed her reinstatement. However, she was held entitled only to continuity of service, not back-wages, for the period she was kept out of the job.

Lesson Learnt

Once a rule or clause has been struck down as unconstitutional by a court, it cannot be used to penalize anyone thereafter: an affected person does not need to have personally challenged that clause in their own case to get its benefit.

Official source (sci.gov.in)View Judgment (PDF)

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