Deepa Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4497 of 2016 ===========================================================

1. Deepa Rani Wife of Late Dig Vijay Bhagat, Resident of Village - Sonbarsa, Post - Sasraw, Police Station - Bhagwanpur Hat, District - Siwan. .... .... Petitioner/s

Versus

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

2. The Director Rural Development Department Govt. of Bihar, Patna.

3. The Commissioner, Saran Division, Sasaran at Chapra.

4. The District Magistrate, Siwan.

5. The District Welfare Officer, Siwan.

6. The Child Development Project Officer, Bhagwanpur Hat, Siwan.

7. The Mukhiya Gram Panchayat Raj, Sasraw, P.S. - Bhagwanpur Hat, District - Siwan.

8. the Member Secretary, Selection Committee Anganwari Centre, Gram Panchayat Raj, Sasraw, P.S. - Bhagwanpur Hat, District - Siwan.

9. The Ward Member Reeta Kumari, Wife or Raj Kishore Mahto, Village - Sonbarsa, P.O. - Sasraw, P.S. - Bhagwanpur Hat, District - Siwan.

10. Poonam Devi, Wife of Sri Ram Prasad Yadav, Resident of Village - Sonbarsa, P.O. - Sasraw, Police Station - Bhagwanpur Hat, District - Siwan.

11. The District Programme Officer, Siwan (D.P.O. Siwan) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Respondent/s : Mr. Jai Shankar Barnwal- GA5 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 28-02-2018 Heard learned counsel for the parties.

The petitioner is aggrieved by the appointment of respondent No.10 on the post of Anganbari Sevika, Anganbari Kendra No.209 Ward No. 9 Gram Panchayat Sasraw Block Bhagwanpur Hat, District Siwan. Although the petitioner claims to have represented the District Magistrate, Siwan complaining against the appointment of the private

Patna High Court CWJC No.4497 of 2016 dt.28-02-2018 2/3 respondent but according to her the representation has not been disposed of and even the representation to the Commissioner remains pending.

In my opinion the petitioner was knocking the wrong forum for any grievance raised in selection process has to be first addressed to the District Programme Officer under the guidelines regulating the appointment to the post of Anganbari Sevika/Sahayika in force. The petitioner has failed to exhaust the remedy. The petitioner has failed to even arraign the competent authority to consider such grievance in the present application.

Leave is thus granted to learned counsel for the petitioner to add the District Programme Officer, Siwan as party respondent no.11 to the present case during the course of the day and let same be carried out in the pleadings of the State Counsel as well. Having heard learned counsel for the parties and considering the grievance raised, I deem it proper to dispose of the writ petition with liberty to the petitioner to raise her grievance against the appointment of the respondent No.10 within 6 weeks from today together with copy of this order before the District Programme Officer, Siwan and who would consider and dispose of the same in accordance with law after giving opportunity of hearing to the concerned parties i.e petitioner, the private respondent as well as the

Patna High Court CWJC No.4497 of 2016 dt.28-02-2018 3/3 State respondent concerned.

This writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01-03-2018 Transmission Date NA