Sandhya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1164 of 2023 ====================================================== Sandhya Kumari W/o- Nitesh Kumar Nilay, Resident of Village- Kodarkatta Puran Tola, P.S. -Motipur, District- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

2.

The Director, I.C.D.S., Bihar, Patna.

3.

The District Magistrate, Muzaffarpur 4.

The District Programme Officer, Muzaffarpur 5.

The Child Development Programme Officer, Motipur, Muzaffarpur. 6.

The Women Supervisor, Motipur, Muzaffarpur.

7.

Priya Kumari W/o- Vicci Kumar, Resident of Village- Kodarkatta Puran Tola, P.S.- Motipur, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Respondent/s :

Ms. Kumari Amrita ( GP 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has been held disqualified in the process of selection for Anganwari Savika. The issue has been considered by the District Programme Officer, Muzaffarpur as well as the Collector, Muzaffarpur.

3. The learned counsel for the petitioner submits that by the time the order was passed by the District Magistrate, Muzaffarpur (Respondent No.3), the new 2019 guidelines have come into force and the Divisional Commissioner is now the

Patna High Court CWJC No.1164 of 2023(3) dt.20-06-2023 2/2 Revisional Appellate Authority under Clause 12 of the said guidelines.

4. In view of the said forum being available under the new guidelines, the petitioner would be moving the Divisional Commissioner. The learned counsel for the petitioner, however, expresses apprehension that the matter has now remained pending in this Court for some time and is likely to be faced with the issue of delay. This Court would observe that for meeting the issue of delay, period of pendency of the instant proceedings would be available to the petitioner.

5. The writ application is disposed of with liberty to avail the remedy.

(Madhuresh Prasad, J) shyambihari/- U