Putul Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17017 of 2018 ====================================================== Putul Kumari, W/o Upendra Rajvanshi, Resident of Village - Afzal Nagar, P.S. + District - Nawada.

... ... Petitioner

Versus

1.

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

2.

The District Magistrate, Nawada.

3.

The District Programme Officer, Nawada.

4.

The Block Development Officer, Nawada.

5.

The Child Development Project Officer, Nawada. 6.

Ishrat Pravin, W/o Md. Nausad Alam, resident of Village Afzal Nagar, Takiya Par, Ward no. 6, P.S. District - Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Respondent/s :

Mr. S.K. Mandal, S.C.-3 Mr. Bipin Kumar, A.c. to S.C.-9 Mr. Arjun Prasad, A.C. to S.C.-3 Mr. Ravi Ranjan Singh, A.C. to S.C.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 26-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the orders dated 06.04.2018 as well as 13.08.2016 passed by the District Magistrate, Nawada and the District Programme Officer, Nawada respectively. Both the authorities have recorded a finding that the petitioner has wrongly been selected as Anganbari Sevika having stated that notice to hold Aam Sabha

Patna High Court CWJC No.17017 of 2018 dt.26-07-2019 2/2 was not properly circulated, on that account, only the present petitioner appeared and participated, but rest two applicants failed to participate in the Aam Sabha, inasmuch as, the feeder area is dominated by Muslim community and as such, the minority community will have a primacy over others in the matter of selection of Anganbari Sevika.

This Court does not find any error in the impugned orders, by which the services of the petitioner as Anganbari Sevika has been terminated and direction has been issued for fresh selection, accordingly, this writ petition is dismissed. However, this Court directs the respondent authorities to initiate the process of selection of Anganbari Sevika and complete the same within a period of six months from the date of receipt/production of a copy of this order.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 31.07.2019 Transmission Date