Md. Alauddin @ Md. Alaudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4367 of 2020 ====================================================== Md. Alauddin @ Md. Alaudin S/o Abdul Rahman R/o-Village-Rahsi P.O.- Balthi Rasulpur Block-Bochaha, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Services, Department of Social Welfare, Bihar, Patna.

3.

The Collector, Muzaffarpur 4.

The District Program Officer, I.C.D.S., Muzaffarpur. 5.

The Child Development Project Officer, Block-Bochaha, Muzaffarpur. 6.

The Female Supervisor, Block-Bochaha, Muzaffarpur. 7.

Vinita Kumari W/o Rajesh Kumar R/o Village-Rahsi Ward no.-1, P.O.-Balthi Rasulpur Block-Bochaha, District-Muzaffarpur. 8.

Anjali Kumari C/o Pankaj Kumar R/o Village-Rahsi, Ward no.-1, P.O.-Balthi Rasulpur Block-Bochaha, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Advocate For the Respondent/s :

Mr.Prashant Pratap (GP-2) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 26-02-2020 The petition filed on 25.02.2020 is listed for hearing for the first time today before the Court.

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

Petitioner has prayed for the following relief: "For issuance of appropriate writ/writs by

Patna High Court CWJC No.4367 of 2020 dt.26-02-2020 2/3 commanding the respondents for consideration and appointment of candidates from minority community as per roaster fixed for minorities general by fresh advertisement for the post of Anganwari Sewika at Centre No. 284, Ward No. 1, Balthi Rasulpur Panchayat of Bochaha Block District- Muzaffarpur by setting aside the candidature and appointment of Respondent No. 7 which has been done illegally with pecuniary consideration and illegal gratification in collusion with local authorities and is beyond reservation roster, in the interest of justice." Finding the Court not to be in favour of the submissions made at the Bar, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to Respondent No. 4 i.e. District Programme Officer, I.C.D.S., Muzaffarpur to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today.

Learned counsel for the respondents states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of nine months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available

Patna High Court CWJC No.4367 of 2020 dt.26-02-2020 3/3 in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. It is made clear that we have not expressed any opinion on the merits of the case.

(Sanjay Karol, CJ) (S. Kumar, J) P.K.P./-Utkarsh AFR/NAFR CAV DATE Uploading Date 27.02.2020 Transmission Date