Kamini Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2032 of 2016 ====================================================== Kamini Kumari Wife of Sri Sanjay Kumar Singh Resident of village - Puranahiya, P.S. Sahiyara, District - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Social Welfare Department, Govt. of Bihar, Irrigation Building, Old Secretariat, Bihar, Patna

3. The Director, I.C.D.S., Directoriate, IInd Floor, Indira Bhawan, Ram Charitra Singh, Road, Patna 800001

4. The Collector, Sitamarhi

5. The District Programme officer, Sitamarhi

6. The Child Development Programme Officer, Bathanaha, District - Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. N.H. Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-11-2017 None appears on behalf of the petitioner. Mr. N.H.Khan, learned SC-1, appears on behalf of the State. A preliminary objection has been raised by learned State Counsel on the maintainability of the writ petition in view of the alternative remedy available to the petitioner under the guidelines. He submits that the guidelines regulating the service of Anganwari Sevika do confirm that the complaints relating to selection are to be filed before the District Programme Officer by the aggrieved party and whose order is appealable before the District Magistrate. Having considered the submission of the learned State Counsel and since the petitioner has failed to avail of the

Patna High Court CWJC No.2032 of 2016 (2) dt.06-11-2017 alternative remedy so available under the guidelines, the writ petition is disposed of leaving it open to the petitioner, if so advised, to exhaust the remedy so available to her under the guidelines.

(Jyoti Saran, J) Surendra/- U