Refyat Jahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10459 of 2021 ====================================================== Refyat Jahan, wife of Md. Tarique Anwar, resident of Ward No. 10, Hakka, P.S.-Amour, District-Purnea.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Purnea.

3.

The District Programme Officer, Purnea.

4.

The Sub-Divisional Officer, Baisi, District-Purnea. 5.

The Anchal Ahdikari Amour Anchal, District-Purnea. 6.

The Child Development Project Officer, Amour, District-Purnea. 7.

Nishat Parween, Wife of Md. Abid Hussain, resident of Village-Hakka, P.S.- Amour, District-Purnea.

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Advocate For the Respondent/s :

Ms.Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-07-2023 1.

The order of District Programme Offier dated 27.04.2020 passed in Appeal No. 14 of 2019 has been challenged. By the said order, the petitioner's claim for being selected in place of private Respondent No. 07 as Aanganwadi Sevika in Ward No. 10 Bara Idgah Gram Panchayat, P.S.- Amour, District-Purnea has been disallowed.

2.

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 Divisional

Patna High Court CWJC No.10459 of 2021(2) dt.27-07-2023 2/2 Commissioner against the order of the District Programme Officer.

3.

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

Writ application is dismissed with liberty.

6.

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.

(Madhuresh Prasad, J) shashank/- U