Sabita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2246 of 2024 ====================================================== Sabita Kumari Wife of SRi Krishna Kumar Sah @ Krishna Kumar, resident of Village and Post-Noorchak Navtoli, Ward No. 14, Block and P.S.-Bisfi, District-Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S., Department of Social Welfare, Government of Bihar, Patna.

3.

The District Magistrate cum Collector, Madhubani. 4.

The District Programme Officer, I.C.D.S., Madhubani. 5.

The Child Developmente Project Officer (C.D.P.O.) Bisfi, DistrictMadhubani. 6.

Krishna Kumari, Wife of Sri Ramesh Kumar Sah, resident of Village Noorchak Navtoli, Ward No. 14, Block and P.S.-Bisfi, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.Standing Counsel 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue a writ a certiorari for setting aside the order dated 25.9.2023, passed by the District Magistrate-cum-Collector, Madhubani in Anganbari Appeal Case No. 50/2023 (Krishna Kumari V/s The State of Bihar & others) by which the Respondent Collector, Madhubani has

Patna High Court CWJC No.2246 of 2024(2) dt.29-02-2024 2/3 been pleased to set aside the order dated 13.05.2023 contained in Memo No.973 passed by the District Programme Officer (I.C.D.S.) Madhubani, directing the C.D.P.O., Bisfi to appoint the suitable candidate next in the merit list after cancelling the illegal selection of Private Respondent No.6, Krishna Kumari, within fortnight.

(ii). To issue a writ of Mandamus, commanding and directing the Respondents concerned to allow the petitioner to work as Anganbari Sevika at Centre No. 200 under Ward No.14 of Nahas Rupauli Gram Panchayat, Block + P.S.- Bisfi, District- Madhubani, who has been appointed on the post in question on 13.7.2023 by the Lady Supervisor, after cancelling the illegal selection/appointment of Respondent No.6 Krishna Kumari, in pursuant to order as contained in Memo No.973 dated 13.5.2023 of District Programme Officer, Madhubani as well as Memo No.187 dated 10.7.2023 of C.D.P.O., Bisfi, District-Madhubani."

2.

After some arguments, 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 suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted.

Patna High Court CWJC No.2246 of 2024(2) dt.29-02-2024 3/3 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U