Anita Devi @ Anita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.468 of 2019 ====================================================== Anita Devi @ Anita Kumari Wife of Ranjit Kumar Pandit @ Ranjit Pandit, Resident of Village- Mujaphara Panchayat- Dih Par, P.S. and Block- Veerpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Divisional Commissioner, Munger.

3.

The District Magistrate, Begusarai.

4.

The District Welfare, Officer, Begusarai.

5.

The Executive Officer, Nagar Parishad, Begusarai. 6.

The Block Development Officer, Veerpur, Begusarai. 7.

The Child Development Project Officer, Veerpur, Begusarai. 8.

Mukhiya, Gram Panchayat, Raj, Dih Par, P.S. and Block- Veerpur, Begusarai.

9.

Kumari Rani, Wife of Mukesh Chaudhary, Resident of Village- Mujaphara, Panchayat, Dih Par, P.S. and Block Veerpur, Distt.- Begusarai. 10.

Nilu Kumari, Wife of Ram Babu Pandit, Resident of Village Mujaphara Panchayat, Dih Par, P.S. and Block- Veerpur, Distt.- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the State :

Mr.Abhisheh Singh- AC to GA7 For respondent no.5 Mr. Ravi Bhushan Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner had earlier moved this court in proceedings arising out of CWJC no. 20883/2011 challenging order of the Commissioner in the matter of selection of Anganbari Sevika. Petitioner was a candidate in the process of selection and had earlier been selected on account of the order of the

Patna High Court CWJC No.468 of 2019(2) dt.18-07-2019 2/3 Collector. Order of the Collector was set aside by the Commissioner in appeal. This court after examining all issues had set aside the order of the Commissioner.

After setting aside the order of the Commissioner, this court specifically directed the respondent "to hold fresh selection process, after correcting the records and removing the defects, and complete the same strictly in accordance with law positively within that period".

Petitioner thereafter, preferred contempt. Application bearing MJC no. 3468/2014 filed by the petitioner was dismissed with liberty to the petitioner to seek another remedy which may be tenable under law, taking into account that selection process had been initiated after order of the writ court. Petitioner's counsel submits that authorities acted in violation of order passed by the writ court on 11.02.2014 in CWJC no. 20883/2011 inasmuch as process has been conducted without correcting the records which is causing prejudice to the petitioner.

Whatever be the infirmity in the process of selection, petitioner has remedy before the authorities under guidelines. Writ petition is disposed of with liberty to the petitioner to approach the competent authority under the

Patna High Court CWJC No.468 of 2019(2) dt.18-07-2019 3/3 guideline for redressal of the complaint regarding process of selection in accordance with law.

(Madhuresh Prasad, J) s.hassan/- U