Kajal Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2181 of 2019 ====================================================== Kajal Kumari W/o Sri Dayanand Kumar Kamat D/o Amod Kamat R/o Village Harahabba Tol , Balni Mehath, PS Ladania, District Madhubani at presently residng at Brahmotara, PS Ladania,District Madhubani ... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary Social Welfare Department Govt of Bihar Patna

2. The Commissioner The Darbhanga Division

3. The District Magistrate Madhubani

4. The Child Development Project Officer Madhubani

5. The Programme Officer Madhubani

6. The Block Development Officer Ladania,Madhubani Madhbuani

7. The Mukhiya Gram Panchayat Pathrahi PS Ladania District Madhubani

8. The Panchayat Secretary Pathrahi Gram Panchayat Gram Panchayat ladania Madhubani

9. Smt .Ribha Kumari W/o Sri Ravindra Kumar Kamat R/o Village PS Ladania District Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 11-02-2019 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Abhishekh Singh, AC to GA-7. The petitioner has approached this Court for a direction to the respondent authorities for appointing him on the post of Anganwari Sewika as she was adjudged the best and the suitable candidate pursuant to an advertisement

Patna High Court CWJC No.2181 of 2019 dt.11-02-2019 2/3 seeking application for being considered to be appointed on such post.

It has been submitted on behalf of the petitioner that despite her having attained 1st position in the merit list, respondent no. 9 was appointed on the post on the sole ground that the petitioner had not completed the age of 18 years, which is the minimum age for being appointed as Anganwari Sewika.

Learned counsel for the petitioner submits that despite several representations before the District Programme Officer, Madhubani and several such complaints before the superior authorities, no action has been taken as yet and all such complaints have fallen on deaf ears.

It is the case of the petitioner that her age was wrongly calculated and therefore the appointment of respondent no. 9 in her place was absolutely unjustified. Under the aforesaid circumstances, this Court directs the petitioner to make a fresh representation before the District Programme Officer, Madhubani within a period of three weeks from today along with a copy of this order. On receipt of

Patna High Court CWJC No.2181 of 2019 dt.11-02-2019 3/3 such representation, the District Programme Officer, Madhubani, on hearing the petitioner as also respondent no. 9, shall pass a reasoned order in accordance with law, within a period of eight weeks thereafter.

Needless to state that if the petitioner would be aggrieved by the order passed by the District Programme Officer, Madhubani, she would have the forum of appeal before the Collector, Madhubani.

With the aforesaid observation / direction, this writ petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 12.02.2019 Transmission Date