Arti Kumari @ Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2655 of 2020 ====================================================== Arti Kumari @ Arti Devi W/o Pradeep Kumar Patel @ Pradeep Kumar, R/o Village- Mohaddipur, Ward No. 15, Bhath Tolla, Chailabhar P.S. Majhaulia, District-West Champaran, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Social Welfare Department, Government of Bihar, Patna. 3.

The District Magistrate, Bettiah, West Champaran. 4.

The Child Development Project Officer (C.D.P.O.), Majhaulia, West Champaran.

5.

The District Programme Officer, Bettiah, West Champaran. 6.

The Child Development Programme Clerk, Majhaulia, West Champaran. 7.

The Mukhiya, Village-Mohaddipur, Ward No. 15, P.S. Majhaulia, DistrictWest Champaran, Bihar. 8.

Nira Kumari W/o Ravi Prakash Sharma R/o Village-Mohaddipur, Ward No. 15, P.S. Majhaulia, District-West Champaran, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-02-2020 Heard learned counsel for petitioner and learned counsel for the respondent-State.

Learned counsel for petitioner submits that alleging irregularity in selection of Respondent no.8 as Anganwari Sevika, the petitioner approached the District Programme Officer, Bettiah West Champaran (Respondent no.5) by filing Case No. 46 of 2015 (Annexure-7) since the irregularity in selection of the private respondent was based on an allegation

Patna High Court CWJC No.2655 of 2020(3) dt.26-02-2020 2/2 regarding the date of birth being claimed by the respondent no.8 which was undue based on the testimonial, the petitioner had also lodged complaint case no. 2674 © of 2015. The counsel for petitioner submits that the C.J.M. Bettiah, under judgment dated 05.12.2019, has come to a conclusion regarding the falsity of the petitioner's claim regarding the date of birth. The writ petition, however, does not disclose that findings were brought to the notice of the District Programme Officer. If the Criminal Court has passed any order which the petitioner wants to rely upon to challenge, or for having set aside the selection of Respondent no.8 as Anganwari Sevika, it is for the petitioner to place the same before the District Programme Officer in his pending appeal no. 46 of 2015.

With the liberty as aforesaid the writ petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U