Rina Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13273 of 2018 ====================================================== Rina Kumari W/o Sumar Kumar Yadav, R/o Vill.- Chakfaij, P.O.- Sukki, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Vaishali at Hajipur. 3.

The Child Development Project Officer, Patepur, Vaishali Cum-Member Secretary Anganwari Sevika/Sahayika Selection Committee. 4.

The Director , Integrated Child Development Scheme, Bihar, Patna. 5.

The District Programme Officer, I.C.D.S., Hajipur, Vaishali. 6.

Smt. Rita Devi, Ward Member , Gram Panchayat Raj, harlochanpur SukkiCum-Chairman Anganwari Sevika/Sahayika Selection Committee. 7.

Smt. Babita Devi, Panch, Ward No. 4, Gram Panchayat Raj Harlochanpur Sukki Cum Deputy Chairman, Anganwari Sevika/Sahayika Selection Committee.

8.

Smt. Rekha Kumari W/o Pankaj Kumar , R/o Vill.- Chakfaij, P.O.- Harlochanpur Sukki, P.S.- Patepur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the State :

Mr. Rajesh Kumar (AC to GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondent authorities to make appointment of the petitioner on the post of Anganbari Sevika in Ward No.4 of the Gram Panchayat Raj Harlochanpur Sukki under Patepur Block, District- Vaishali and further for cancellation of appointment of

Patna High Court CWJC No.13273 of 2018(2) dt.05-08-2024 2/3 private respondent no.8 as the said appointment has been made without convening Aam Sabha.

3. Learned counsel for the State raised preliminary objection and submits that the appointment of private respondent no.8 has not been challenged by the petitioner before the authority made under relevant margdarshika/guidelines for appointment of Anganbari Sevika & Sahayika and instead thereof, the petitioner has filed the writ petition directly before this Hon'ble Court.

4. In response thereof, learned counsel for the petitioner submits that the petitioner has filed the representation (annexed as Annexure-4) before the District Programme Officer, I.C.D.S., Hajipur, Vaishali, but no order has been passed till date and due to this reason, the petitioner has preferred the present writ petition.

5. In this view of the matter, the present writ petition stands disposed off directing the District Programme Officer, I.C.D.S., Hajipur, Vaishali (respondent no.5) to pass order entertaining the representation of the petitioner as case and if, the said sheet is not available in the office, the petitioner shall be at liberty to file a fresh case and the District Programme Officer, I.C.D.S., Hajipur, Vaishali after hearing the parties, shall pass

Patna High Court CWJC No.13273 of 2018(2) dt.05-08-2024 3/3 order within 90 days from the date of completion of the appearance of the parties.

(Dr. Anshuman, J) Divyansh/- U