Julekha Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5456 of 2021 ====================================================== Julekha Khatun Wife of Naushad Ali Resident of Village- Bishunpur, P.O.- Babu Bishunpur, P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the District Magistrate, Gopalganj. 2.

The District Programme Officer (Welfare) Gopalganj. 3.

The C.D.P.O., Sadar Block, Gopalganj, P.S. and District- Gopalganj. 4.

Sona Kumari Wife of Dilip Sharma Resident of Village- Bishunpur, P.O.- Babu Bishunpur, P.S.- Jadopur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondent Nos. 1 to 3.

3. Service of notice to 4th Respondent is dispensed since no adverse order is passed against her.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That, the present writ petition is for issuance of an appropriate writ/ writs, order / orders, direction / directions to respondents especially District Programme Officer (Welfare), Gopalganj for consideration of her claim and final decision on complain against selection of private respondent as

Patna High Court CWJC No.5456 of 2021 dt.03-02-2022 2/2 Aanganbari Centre No. 05 under Gram Panchayat Raj, Vishunpur West in meeting commenced on 04.03.2020 within the district of Gopalganj taking into consideration that she possesses more merit and better position in Merit List prepared/ maintained by respondent themselves but even after ignoring the merit position Private Respondent was selected/ appointed, which attracts the right conferred under Article 14 and 16 of the Constitution, statutory provision and law settled by Temple of Justices time without number dealing the same issue and for the other necessary relief/relief's on the basis of the facts and circumstances of the case as stated hereinafter."

5. The petitioner, feeling aggrieved in selection and appointment of the 4th respondent - Sona Kumari, preferred petition/appeal before the Appellate Authority vide Application dated 03.06.2020 and thereafter two more representations were also stated to have been submitted. Therefore, the Appellate Authority is hereby directed to decide petitioner's petition after giving ample opportunity of hearing to the petitioner and 4th - respondent Sona Kumari within a period of three months from the date of receipt of this order.

6. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date