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Patna High CourtCWJC/3603/2023disposed

Vina Kumari v. The State Of Bihar

2023-08-03Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3603 of 2023 ====================================================== Vina Kumari Wife of Mukesh Rai, Resident of Godai, Ward No. 13, Panchayat- Amnaur, P.S. and Block- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Muzaffarpur.

3.

The District Programme Officer, Muzaffarpur.

4.

The Child Development Officer, Aurai, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shovendra Kumar For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-08-2023 1.

In the counter-affidavit, the respondents have annexed order passed by the Child Development Project Officer (CDPO) dated 06-05-2023. By the said order, the CDPO has rejected the petitioner's application reiterating the earlier original order passed by the CDPO to the effect that the petitioner's selection as Sahaika was illegal. 2.

It is not in dispute that the Directorate of Integrated Child Development Services has issued Guidelines in the Year 2019 wherein the remedy of appeal has been provided before the District Programme Officer against the order of the CDPO. 3.

This Court is of the opinion that in view of such adequate efficacious remedy wherein all disputed issues being

Patna High Court CWJC No.3603 of 2023(2) dt.03-08-2023 2/2 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.

4.

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

5.

If the issue of limitation arises, the pendency of the instant writ application would be available to the petitioner to meet the issue of delay.

6.

Writ application is dismissed with liberty.

(Madhuresh Prasad, J) SUMIT/- U