Baby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5243 of 2021 ====================================================== Baby Kumari Wife of Late Anur Prasad , D/o Sri Rajesh Verma, Resident of Village-Dihuri, P.O.-Dona, P.S.-Hisua, District-Nawada. ... ... Petitioner/s

Versus

1.

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

2.

The Director Integrated Child Development Services, Bihar, Patna. 3.

The District Magistrate-Cum-Collector, Nawada. 4.

The District Education Officer, Nawada.

5.

The District Prog4ramme Officer, (I,C.D.S.), Nalanda 6.

The Block Development officer, Hisua, District-Nawada. 7.

The Child Development Project Officer, Hisua, Nawada. 8.

The Block Educatrion Officer Hisua, Nawada.

9.

The Circle Officer Hisua, Nawada.

10.

Nima Kumari W/o Jairam Kumar, Resident of Village-Dihuri, P.O.-Dona, P.S.-Hisua, District-Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Respondent/s :

Mr. Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Petitioner's counsel is directed to serve copy of the petition to the State Counsel.

Service of notice on respondent No. 10 stands dispensed since no adverse order is passed against her. Petitioner has prayed for following reliefs:-

Patna High Court CWJC No.5243 of 2021 dt.10-02-2022 2/3 "(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding the respondents to immediately appoint this petitioner on the post of Anganbari Sewika at Dihuri Anganbari Centre falls under the jurisdiction of Dona Panchayat, Ward No. 4 in Village-Dihuri, P.O.-Dona, P.S.- Hisua, District- Nawada.

(ii) For commanding the respondents as to why this petitioner has not been appointed on the post of Anganbari Sewika though he has got first position in the merit list of successful candidate.

(iii) For commanding the respondents as to why the Respondent No. 10 namely Nima Kumari has been appointed on the post of Anganbari Sewika of Dihuri Anganbari Centre though she has got second position in merit list. (iv) For any other writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper as the facts and circumstances of this case."

Patna High Court CWJC No.5243 of 2021 dt.10-02-2022 3/3 In support of aforesaid reliefs petitioner has submitted application (Annexure-5 series) and filed first appeal before the first Appellate Authority and the second appeal before the 2nd Appellate Authority but the same has not been considered. Therefore, the concern authority is hereby directed to examine the petitioner's application/appeal and redress the grievance of the petitioner after giving due opportunity of hearing to Respondent No.10, Nima Kumari and petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order. With the above observation, the writ petition stands disposed of.

(P. B. Bajanthri, J) kamlesh/- AFR/NAFR NA CAV DATE NA Uploading Date 17.02.2022 Transmission Date NA