Gunja Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20312 of 2018 ====================================================== Gunja Kumari Wife of Ratish Kumar Gupta D/o of Rambilash Gupta Resident of Village-Ratansar,Ward No.5,P.O. Gwalpara,P.S. Block-Chhatapur,Distt.- Supaul ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary Department of Welfare, Government of Bihar, Patna.
2.
The Director,Integrated Child Development Scheme I.C.D.S.,Bihar,Patna 3.
The Commissioner,Koshi Division,Saharsa 4.
The District Programme Officer-cum District Magistrate-cum-District Collector,Supaul 5.
The District Programme Officer I.C.D.S.,Supaul 6.
The Child Development Project Officer C.D.P.O.,Block-Chhatapur,Distt.- Supaul 7.
The Selection Committee of Anganbari Sevika for Ward No.5,VillageRatansara,Gram Panchayat-Gwalpara ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat, Adv.
For the Respondent/s :
Mr. S.K. Mandal- SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The writ petition has been filed for the following relief/s:- "(i) To issue a writ in the nature of certiorari setting aside paragraph-2 of letter dated 25.8.2018 contained in Memo No.2132 issued by District Officer, Supaul, directing that Anganbari centres wherein selection could not be made in spite of holding of Aam Sabha in two occasions in
Patna High Court CWJC No.20312 of 2018(2) dt.30-09-2024 2/3 terms of guideline, 2016, their denovo selection would be made in compliance of letter dated 12.7.2018 contained in letter No.2949 issued by the Director, I.C.D.S., Bihar, Patna and also Memo No.2949 dated 12.7.2018 (Annexure-7) issued by the Director, I.C.D.S., Bihar, Patna wherein he was please to direct to hold de-novo selection after fresh advertisement wherein difficulty is coming in selection in pursuance to previous advertisement.
(ii) To issue a writ in the nature of mandamus commanding/directing the Respondents to complete selection process in pursuance to advertisement dated 17.2.2018, if the Chairmancum-Ward Member and Vice Chairman-cum- Ward Panch does not turn-up for selection then to proceed in terms of amended notification dated 25.5.2018 contained in letter No.2222 (Annexure- 6) issued by Principal Secretary of Welfare Department, Govt. of Bihar, Patna wherein it has been prescribes that District Programme Officer will fix the date and selection committee would be
Patna High Court CWJC No.20312 of 2018(2) dt.30-09-2024 3/3 chaired by the Sub-Divisional Officer or Deputy Collector of Land Reforms.
(iii) And/or any other relief or reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
3. After some argument, Learned Counsel for the petitioner submits that liberty may be granted to him to challenge the same before the appropriate authority under the relevant guidelines prepared for appointment of Anganbari Sevika or Sahaiyka.
4. Learned Counsel for the State submits that the petitioner has moved directly before this Hon'ble Court without challenging the appointment before the authority framed under the relevant guidelines prepared for appointment of Anganbari Sevika or Sahaiyka.
5. Accordingly, the writ petition stands disposed off granting liberty to the petitioner to avail the remedy available under the relevant guidelines prepared for appointment of Anganbari Sevika or Sahaiyka, if cause of action still survives. (Dr. Anshuman, J.) Aman Kumar/- U