Patna High CourtCWJC/2793/2015dismissed

Nitu Kumari v. The State Of Bihar And ORS

2015-02-18Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2793 of 2015 ===========================================================

1. Nitu Kumari wife of Sri Santosh Kumar Mehta a resident of village- Fulaut, P.S. Chousa, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Deputy Director Welfare Department Koshi Division, Saharsa

3. The Commissioner, Koshi Division, Saharsa

4. The District Magistrate, Madhepura

5. The District Program Officer, Madhepura

6. The Child Development Project Officer, Chousa, Madhepura

7. The Mukhiya Gram Panchayat, Fulaut, P.S. Chousa, District- Madhepura

8. Smt. Anita Devi, Ward Member- 08 Gram Panchayat, Fulaut, P.S. Chousa, District- Madhepura

9. Mahi Kant Paswan, Punch Ward No. 8 Gram Panchayat, Fulaut, P.S. Chousa, District- Madhepura .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Singh For the Respondent/s : Mr. Vivekanand Singh, AC to GA 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 18-02-2015 The writ application is required to be dismissed on the sole ground that Annexure -1 only reiterates the position of what is required in matters of selection of an Aangan Bari Sevika. Admitted position is that the petitioner does not belong to the ward for where the selection was made. This is in gross violation of the guidelines. The explanation offered by the petitioner that she has been selected because there was no candidate from that ward, is an unacceptable explanation especially when thousands of writs are filed for every post and position before this Court alleging malafides against such

Patna High Court CWJC No.2793 of 2015 dt.18-02-2015 2/2 selection. It is unthinkable that the ward will not have a claimant and Mukhiya will have to invite a person from another ward. Annexure1, therefore, is not required to be interfered with. Writ application is dismissed since the selection of the petitioner was in breach of the guidelines.

(Ajay Kumar Tripathi, J) sk U