Rinku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5255 of 2021 ====================================================== Rinku Kumari W/o Mantu Jamadar, a resident of Village and P.O. - Andi, Ward no. 12, P.S. Asthawan, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Officer, Nalanda.

3.

The District Programme Officer, Nalanda.

4.

The Child Development Programme Officer, Asthawan, Nalanda. 5.

Uma Kumari, W/o Shailendra Jamadar, a resident of Village and P.O. - Andi, Ward No. 12, P.S. Asthawan, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kr. Mouar For the Respondent/s :

Mr.

====================================================== 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 accept notice for respondent nos. 1 to

4. Service of notice to respondent no. 5 is dispensed since no adverse order is passed against her.

3. In the instant petition, petitioner has prayed for following reliefs:

"(i) For issuance of appropriate writ(s)/ order(s)/Direction(s), directing and commanding the concerned respondent for selection and appointment of petitioner as Anganbari Sevika after holding fair inquiry regarding that for the concerned Anganbari Center.

Patna High Court CWJC No.5255 of 2021 dt.03-02-2022 2/2 (ii) For issuance of appropriate writ directing and commanding the concerned respondent for consideration of cancellation of selection and appointment of Sevika for the concerned Anganbari Sevika of the private respondent for the concerned Anganbari Center selected and appointed the basis of forged certificate.

(iii) For any other which the petitioner may be found entitled to in the facts and circumstances of the present case."

4. Petitioner is not entitled to the aforesaid relief unless and until he exhausts remedy of appeal before the District Magistrate.

5. Petitioner is permitted to prefer appeal/application before the District Magistrate. If such appeal/application is filed within a period of eight weeks from the date of receipt of this order, the appellate authority is hereby directed to consider the petitioner's appeal within a period of three months from the date of receipt of the aforesaid appeal after giving due opportunity of hearing to 5th respondent- Uma Kumari and petitioner.

6. With the aforesaid observations, the instant petition stands disposed of.

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