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Patna High CourtCWJC/3829/2024dismissed

Meena Kumari @ Kumari Meena v. The State Of Bihar

2024-03-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3829 of 2024 ====================================================== Meena Kumari @ Kumari Meena wife of Mahesh Das, resident of village - Hari Chhapra, Police Station- Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

3.

The District Magistrate, Sitamarhi.

4.

The District Program Officer, Sitamarhi.

5.

The Deputy Collector Land Reforms Officer, Sitamarhi - Cum- Chairman of Selection Committee, District- Sitamarhi.

6.

The Block Development Officer, Block - Dumra, District Sitamarhi. 7.

The Child Development Project Officer, Dumra Rural, District -Sitamarhi. 8.

Kajal Kumari, wife of Pintu Das, resident of village - Hari Chhapra, Police Station - Dumra, District - Sitamarhi.

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

For the Petitioner/s :

Mr.Ashhar Mustafa, Advocate For the Respondent/s :

Mr.Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ of certiorari to set aside the order dated 19.07.2023, by which the District Magistrate, Sitamarhi validated the selection and appointment of the private respondent Kajal Kumari (hereinafter 'respondent no. 8') on the post of Sevika at Anganwadi Center No. 296 of Ward No. 13 of village Hari Chapra, Police Station Dumra, District - Sitamarhi and allowed her appeal bearing Anganwadi Appeal No. 17 of 2022, which was

Patna High Court CWJC No.3829 of 2024(2) dt.22-03-2024 2/2 preferred against the order dated 24.12.2021 contained in memo no. 1838 passed by the District Program Officer, Sitamarhi in Anganwadi Case No. 57 of 2019, by which the present petitioner was recommended for selection on the aforesaid post. (ii) For issuance of writ of mandamus commanding the respondents to appoint the petitioner on the post of Sevika at Anganwadi Center No. 296 of Ward No. 13 of village Hari Chapra, Police Station Dumra, District Sitamarhi and allow her to continue on the said post.

(iii) For issuance of writ of mandamus to stay the operation of the impugned order dated 19.07.2023 during the pendency of this writ application."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned Civil Court having competent jurisdiction, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U