Patna High CourtCWJC/1311/2019withdrawn

Mamta Sahani @ Mamta Devi v. The State Of Bihar And ORS

2019-01-23Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1311 of 2019 ====================================================== Mamta Sahani @ Mamta Devi, aged about 26 years, Gender-Female, Wife of Sri Gopal Kumar, Resident of Village- Baghi, Ward No. 15, P.S. Darpa, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

2. The Director of Integrated Child Development Services (ICDS), Department of Social Welfare, Govt. of Bihar, Patna.

3. The Collector Cum District Magistrate, East Champaran at Motihari.

4. The District Programme Officer, East Champaran at Motihari.

5. The Child Development Project Officer, Adapur, District- East Champaran at Motihari.

6. The Supervisor of Anganwadi Centre No. 216 Dubha, under the Block of Adapur, District- East Champaran , Motihari.

7. The Selection Committee for Anganwadi Centre No. 216, Ward No. 15, Dubha Under the Block of Adapur, District- East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Respondent/s :

Md. Raisul Haque (SC10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 23-01-2019 The petitioner has approached this Court for a direction to the respondents-authorities to consider her claim

Patna High Court CWJC No.1311 of 2019 dt.23-01-2019 2/3 for being appointed on the post of Anganwadi Sevika in the district of East Champaran and that should not be shutout merely on the ground that the academic qualification with respect to which certificate has been furnished by her is of Nepal, which is not being accepted by the respondentsauthorities.

2. It appears that the claim of the petitioner was not considered by the respondents-authorities on the strength of a letter issued by the Director, Integrated Child Development Services, Department of Social Welfare, Govt. of Bihar, Patna to all the District Magistrates, contained in Memo No. 4129 dated 10.09.2018, wherein a direction has been issued not to accept or consider the candidature of such persons who would furnish educational certificates of apocryphal origin, especially of Nepal.

3. As long as the aforesaid direction subsists, the petitioner would have no claim for being considered.

4. Realizing the difficulty, the learned counsel for the petitioner seeks permission to withdraw the present writ petition in order to enable the petitioner to challenge the

Patna High Court CWJC No.1311 of 2019 dt.23-01-2019 3/3 aforesaid letter/guideline/direction to the District Magistrates for not considering the candidature of such persons who have passed the requisite academic qualification from Nepal.

5. The writ petition is permitted to be withdrawn with the liberty aforesaid.

6. Dismissed as withdrawn.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.01.2019 Transmission Date N/A