Soni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4872 of 2021 ====================================================== Soni Kumari Wife of Sri Anand Safi, resident of Ward No. 11 Bardepur, P.S. - Kaluahi, District - Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Social Welfare Department Govt. of Bihar, Patna.
2.
The Director Social Welfare Department, Bihar, Patna. 3.
The District Magistrate, Madhubani.
4.
The Sub-Divisional Officer, Madhubani.
5.
The District Programme Officer, Madhubani.
6.
The Child Development Project Officer, Kaluahi, Madhubani. 7.
The Ladies Supervisor, Child Development Project Kaluahi, Madhubani. 8.
The Mukhiya Gram Panchayat Pursaulia Kaluahi, Madhubani. 9.
Smt. Anju Kumari, Wife of Sri Dinesh Kumar Safi, resident of Village Bardepur, P.S. - Kaluahi, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Respondent/s :
Ms. Kumari Amrita, GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 02-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Service of notice to ninth respondent-Anju Kumari is dispensed with since no adverse order is passed against her. In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of an appropriate writ (s), order (s), direction (s) for direction to the respondent authorities to issue selection letter in favour of the
Patna High Court CWJC No.4872 of 2021 dt.02-02-2022 2/3 petitioner for the post of Anganwari Sevika as she has fulfill all requisite qualifications and is Sl.No.2 in the provisional 1ist prepared for selection of Anganwari Sevika for Anganwari Centre No. 127 Situated at Pursaulia Gram Panchayat Raj ward No.
11 on 30.07.2018 and to grant any other relief (s) for which petitioner may found entitled in in accordance with law.
The petitioner has statutory remedy of appeal before the appellate authority. Without exhausting the statutory remedy of appeal writ petition cannot be entertained in the light of Hon'ble Apex Court decision in the case of State of Jammu and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016 Supreme Court 3006 held as under:- "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) the petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
(d) person invoking the jurisdiction is guilty of unexplained delay and laches;
Patna High Court CWJC No.4872 of 2021 dt.02-02-2022 3/3 (e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors."
Accordingly, the present petition stands dismissed as premature reserving liberty to the petitioner to approach appellate authority in filing an appeal.
The appellate authority is hereby directed to take note of Section 14 of the Limitation Act for the purpose of condonation of delay in presenting memorandum of appeal. If such appeal is filed the same shall be considered within a period of four months from the date of receipt of appeal, after giving due opportunity of hearing to ninth respondent-Anju Kumari.
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