Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20324 of 2018 ====================================================== Kiran Devi Wife of Sri Anil Rajak, Resident of Village Chak Nawada, Ward No. 13, Panchayat Nawada, Block Barh, Police Station N.T.P.C. Barh, District Patna presently working as Anganbari Sevika, Anganbari Centre Code No. 181, Dariapur, Ward No. 16, Nawada Panchayat Police Station Barh, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Sec. Social Welfare Department. 2.

The District Program Officer, Patna.

3.

The Child Development Project Officer, Patna. 4.

Bibha Kumari Wife of Deepak Kumar, Resident of Village Dariapur, Police Station N.T.P.C., Barh, District Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr .Prashant Pratap, G.P.- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2024 No one appears on behalf of the petitioner.

However, Learned Counsel for the State is present.

2. The present writ petition has been filed for the following relief/s:- "That this is an application praying for issuance of a writ in the nature of certiorari quashing the socalled decision dated 13.01.2018 said to have been taken in General Meeting whereby and where under the Respondent No. 4 Puja Kumari is said to have been selected on the post of Sevika in Anganbari Centre No. 268 Dariapur, Ward No. 16, under Nawada Panchayat

Patna High Court CWJC No.20324 of 2018(2) dt.30-09-2024 2/3 of Barh Police Station, District Patna."

3. From the writ petition, it transpires to this Court that the petitioner has challenged the decision of general meeting by which respondent No. 4 is said to be selected on the post of Anganbari Sevika in Anganbari Centre No. 268 Dariapur, Ward No. 16, under Nawada Panchayat of Barh Police Station, District- Patna.

4. Learned Counsel for the State submits that from Annexure- 4 which is the representation filed by the petitioner before the B.D.O., it transpires that he has knowledge that appointment were made on the post of Anganbari Sevika or Sahayika excluding the petitioner and as such, she filed an objection. Counsel submits that the only remedy available to the petitioner is by way of challenging the appointment before the appropriate forum under the relevant Margdarsika prepared for appointment of Anganbari Sevika or Sahayika but instead thereof, the petitioner has preferred the writ petition directly before this Hon'ble Court which is not maintainable.

5. In the light of the pleading as well as argument of the respondent, this writ petition stands disposed off

Patna High Court CWJC No.20324 of 2018(2) dt.30-09-2024 3/3 granting liberty to the petitioner to avail his remedy before the appropriate forum framed under the relevant Margdarsika prepared for appointment of Anganbari Sevika and Sahayika within 30 days from today, if cause of action still survives.

(Dr. Anshuman, J.) Aman Kumar/- U