Mamta Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3774 of 2019 ====================================================== Mamta Kumari W/o Sri Umesh Prasad Resident of Village-Teusa P.S. Atri,Tausa,Dist.-Gaya-823311 ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary,Social Welfare Department,Govt. of Bihar,Patna 2.

The Director, Integrated Child Development Scheme (ICDS),Directorate,Bihar 3.

The District Magistrate, Gaya 4.

The District Program Officer, Gaya 5.

The Child Development Project Officer,Atri,Gaya 6.

Rupam Bharti W/o Ravikant Bharti R/o Vill and Post-Teusa,Block-Atri,P.S. Atri,Dist.-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Singh For the Respondent/s :

Mr. Md. Raisul Haque (SC10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 01-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the order dated 31.12.2018 passed by the District Programme Officer, Gaya in Anganwari Case No. 103 of 2018, whereby the appointment of the petitioner as Anganwari Sewika has been cancelled with immediate effect and in her place, private-respondent no. 6 has been appointed.

Patna High Court CWJC No.3774 of 2019 dt.01-03-2019 2/3 It is the case of the petitioner that she was adjudged the most suitable candidate for being appointed as Anganwari Sewika in the concerned Anganwari Centre and was offered the appointment.

Aggrieved by the appointment of the petitioner, the private-respondent no. 6 challenged the aforesaid appointment on the ground that petitioner has obtained such appointment on forged and fabricated educational certificate. The petitioner submits that the aforesaid ground of challenge by the private-respondent no. 6 was non-existent but the District Programme Officer, Gaya without looking at the defence of the petitioner, has passed the order in a mechanical order.

This Court finds that there is provision for appeal which the petitioner has not availed of.

In the aforesaid facts and circumstances, this Court directs the petitioner to prefer an appeal against the order of District Programme Officer, Gaya before the District Magistrate, who is the appellate authority, within a period of three weeks from today. On receipt of such memo of appeal,

Patna High Court CWJC No.3774 of 2019 dt.01-03-2019 3/3 the Collector, Gaya shall dispose off the same by a reasoned order, preferably within a period of six weeks thereafter, after hearing the petitioner, private-respondent no. 6 and other stake-holders.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 06.03.2019 Transmission Date