Perween Saba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2820 of 2023 ====================================================== Perween Saba, W/o Zafir Alam, Resident of Ward no. 6 Machhargawan Post Machhargawan P.S. Yogapatti Distt. West Champaran 845452. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary at Patna. 2.

The Department of Social Welfare Department, The State of Bihar through its Principal Secretary at Patna.

3.

The Director Integrated Child Development Schemes, Social Welfare Department, Bihar, 2nd Floor Indira Bhawan, Ram Charitra Singh Path, Patna 800001.

4.

The District Magistrate, West Champaran at Betiya. 5.

The District Programme Officer, (ICDS) West Champaran at Bettiah. 6.

The Child Development Project Officer Yogapatti Bettiah. 7.

The Woman Supervisor, Child Welfare Project Office, Noutan West Champaran Cum Secretary Anganwari Sevika and Sahayika Selection Committee Gram Panchayat Machhargawan, ward no. 6 Dewan Toli Centre No. 239.

8.

Nehan Khatoon W/o Sadre Alam, Resident of At and Post Machhargawan Ward No. 6, P.S. Yogapatti Distt West Champaran 845452. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Sahi, Advocate For the Respondent/s :

Mr.Gyam Shankar, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-07-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The order of District Programme Officer (hereinafter referred as "DPO") dated 06.09.2022 has been challenged. By the said order, the petitioner's claim for being selected in place of private Respondent No. 08 as Aanganwadi Sevika to Gram Panchayat Machhargawan Yogapatti Ward No.

Patna High Court CWJC No.2820 of 2023(2) dt.19-07-2023 2/2 6 Dewan Toli Centre No.239 has been disallowed. 3.

It is not in dispute that the Directorate of Integrated Child Development Services (ICDS) has issued guidelines for selection of Aanganwadi Sevika/Sahayika wherein the remedy of revision has been provided before the District Magistrate against the order of the DPO.

4.

This Court is of the opinion that in view of such adequate efficacious remedy wherein all disputed issues being raised in the instant proceedings can be considered by the authorities. There is no occasion for this court to exercise its extra ordinary writ jurisdiction under Article 226 of the Constitution of India.

5.

The petitioner would be at liberty to avail remedy in accordance with the guidelines.

6.

Writ application is disposed of with liberty. (Madhuresh Prasad, J) shashank/- U