Nirmala Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12324 of 2018 ====================================================== Nirmala Kumari Wife of Deepak Kumar, resident of Village- Lodipur, Ward No. 7 Within Gram Panchayat Raj Shivnagar, Post Office- Khiraunti, Police Station- Parawalpur, District- Nalanda at Biharsharif. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

District Magistrate, Nalanda.

3.

Director, Integrated Child Development Services ICDS, Pant Bhawan, Patna, Bihar.

4.

Deputy Development Commissioner, Nalanda.

5.

The District Program Officer, Nalanda Child Development Project, Biharsharif Collectoriate, Distric 6.

Block Development Officer, Parawalpur, District- Nalanda 7.

Child Development Program Officer CDPO, Block- Parawalpur, DistrictNalanda. 8.

Ward Member, Ward No. 7 Gram Panchayat Raj Shivnagar, Post OfficeKhiraunti, Police Station- Parwa 9.

The Selection Committee, through the Chairmen of Aam Sabha, Ward Member, Ward No. 7, Chausad Lodipu 10.

Srimati Kaviita Kumari, Wife of Dhananjay Ram, resident of VillageLodipur, Within Ward No. 7, Gram Panchayati Raj Shivnagar, Post OfficeKhiraunti, Police Station- Parawalpur, District- Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Adv.

For the Respondent/s :

Mr.Prasant Pratap - GP- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Counsel for the petitioner submits that the present writ application has been filed for quashing the selection of Respondent no. 11 for the post of Anganwari Sewika in the Anganwari Centre in Ward no. 7 within Gram Panchayat Raj, Shivnagar, Respondent no. 8. The petitioner further prays for direction to the Respondent no. 3 to initiate an enquiry with

Patna High Court CWJC No.12324 of 2018(2) dt.29-07-2024 2/2 giving an opportunity of hearing to Respondent no. 11 on her selection on the post of Anganwari Sewika and after enquiry ensure the selection of petitioner as Anganwari Sewika for Anganwari Centre of Ward no. 7 of Shivnagar Gram Panchayat who is the appropriate candidate and in alternative for selection and appointment of Petitioner as Anganwari Sewika after setting aside the proposal no. 6 and 7 of Annexure 3 of the writ petition.

3. Counsel for the State raised preliminary objection and submits that on the complaint filed by the petitioner, the DPO has already passed order which is Annexure-C to the counter-affidavit. As such, the petitioner has liberty to challenge the same before the appropriate authority according to the relevant Guidelines for the appointment of Anganwari Sevika/Sahaika. Hence, the present writ petition is hereby disposed off, granting liberty to the petitioner to avail the legal remedy in accordance with law and if any delay in filing the appeal within 30 days from the date of production of the order, is hereby directed to be condoned.

4. With the aforesaid direction, the present writ application is hereby disposed off.

(Dr. Anshuman, J.) Prakashmani/- U