Bina Bharti v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4941 of 2019 ====================================================== Bina Bharti, D/o Deep Narayan Yadav, Resident of Village- Mohpatta, P.S.- Katoria, Dist- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Social Well-Fair Department, State of Bihar, Patna 2.

The Secretary, Social Well Fair Department, State of Bihar, Patna 3.

The Collector, Banka 4.

D.P.O. Banka 5.

Lady Supervisor, Block- Katoriya, District- Banka 6.

C.D.P.O., Katoriya, Banka 7.

The Mukhiya, Gram Panchayat Raj, Mania, Block- Katoriya, DistrictBanka 8.

Guriya Kumari W/o Tribhuwan Kumar Resident of Village- Mohpatta, P.S.- Katoriya, Dist- Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr. Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-03-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner is aggrieved by the fact that despite her being placed at Serial No. 1 in the merit list, her claim for being appointed as Aanganwari Sewika at the Centre No. 199 of Village Mohpatta, District Banak has

Patna High Court CWJC No.4941 of 2019 dt.29-03-2019 2/3 been bypassed and in her place, private respondent no. 8 who is at Serial No. 2 in the merit list has been appointed.

3. Learned counsel for the petitioner has submitted that the only reason for the petitioner's claim to have been rejected is her being an unmarried woman and that she stays with her father. It has been submitted that this cannot be a disqualification for being appointed on the post of Aanganwari Sewika. It has further been submitted on behalf of the petitioner that the complaint made by her before the District Programme Officer, Banka was not accepted and thereafter, the petitioner has approached this Court.

4. This Court, in the aforesaid circumstances, directs the petitioner to make a detailed representation/complaint before the District Programme Officer, Banka (respondent no. 4) within a period of two weeks from today. On receipt of such representation/complaint, the District Programme Officer, Banka shall, after hearing all the stakeholders/necessary

Patna High Court CWJC No.4941 of 2019 dt.29-03-2019 3/3 parties, pass a reasoned order within a further period of four weeks thereafter.

5. The District Programme Officer, Banka is sternly warned not to sit over such representation/complaint and dispose it of as expeditiously as possible. Should the petitioner feel aggrieved even thereafter, she would have the option of challenging the order of the District Programme Officer, Banka before the Collector, Banka (respondent no. 3) who is the second appellate authority.

6. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.04.2019 Transmission Date