Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.858 of 2024 ====================================================== Kiran Kumari W/o Bikki Kumar Prasad R/o - Vill. and P.O.- Enayatpur (Manjhi), P.S.-Daudpur, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Social Welfare, Department, Government of Bihar, Patna.

2.

The Director, Integrated Child Development Scheme Social Welfare Department, Government of Bihar, Patna.

3.

The Commissioner, Saran at Chapra.

4.

The District Magistrate, Saran at Chapra.

5.

The District Programme Officer, Saran at Chapra. 6.

The Sub-Divisional Officer, Chapra - Sadar.

7.

The Block Development Officer, Manjhi, Saran. 8.

The Child Development Project Officer, Manjhi, Saran. 9.

The Lady Supervisor, Gram Panchayat Raj, Enayatpur, Ward no.- 9, Centre No.- 312 Manjhi Saran.

10.

The Data Entry Operator, Block Manjhi, Saran. 11.

Md. Hasnudeen Khan, Late Abdul Hasan Khan, Vill- Guradaha Khurd, Block- Manjhi, District- Saran.

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the State :

Md. Mujtabaul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024 The present writ petition has been filed seeking the following relief:- "1(i). For issuance of appropriate writ in the nature of certiorari for quashing the order dated 21-08-2023/04-11-2023 passed by District Magistrate Saran in Anganbari Appeal Case No 11/2022 by which he has cancelled

Patna High Court CWJC No.858 of 2024(2) dt.15-02-2024 2/3 the selection of Anganbari Sevika at the Angarbari Centre -Enayatpur Centre No-312 Manjhi, Saran and directed to District Program officer(ICDS) Saran, Chapra and Others for a fresh appointment in Gram Panchyat Raj - Enayatpur, Ward No-9, BlockManjhi, Centre No-312 and wrongly Set-aside the order dated 3.11.2022 passed by District Program Officer(ICDS), Saran, chapra in Angarbari Case No.6/2022 without appreciating the facts and circumstances that the private respondent No-11 has no locus standi in the present matter.

II. For issuance of Appropriate writ in the nature of mandamus commanding and directing respondent authorities concerned to allow the petitioner to continue as Angarbari Sevika at the Angarbari Centre No-312, as she has been selected and a selection letter regarding that Vide No.2484 dated 3.11.2022 and on that basis she had been sent for training and since then she is discharging her duty without any complain of adverse remark and any point of time.

III. For issuance of an appropriate writ on an alternative prayer for stay the order dated 4.11.2023 passed by District Magistrate Saran, Chapra in Angarbari Appeal case No.

11/2022 and upheld/affirm the order passed

Patna High Court CWJC No.858 of 2024(2) dt.15-02-2024 3/3 by District Program officer (ICDS). In Anganbari Case No 6/2022 dated 3.11.2022."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U