Malti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6406 of 2020 ====================================================== Malti Kumari Wife of Mukesh Kumar Resident of Village- Maheshpur, Post Office- Mohanpur, Gram Panchayat- Maliya, Police Station- Chanan, DistrictLakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Education Department, Government of Bihar, Old Secretariat, Patna.

2.

The District Public Grievance Redressal Officer District- Lakhisarai. 3.

The District Programm Officer Lakhisarai.

4.

The Child Development Project Officer Chanan, District- Lakhisarai. 5.

Sima Kumari Wife of Sudhir Kumar, Daughter of Rajendra Yadav Resident of Village- Maura, Post Office- Maura, Police Station- Gidhaur, DistrictJamui. 6.

The District Magistrate, Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Respondent/s :

Mr. Madanjeet Kumar, GP 20 Mr. Rajeev Ranjan, AC to GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2022 Petitioner's counsel Mr. Pramod Kumar intends to implead the District Magistrate, Jamui as a necessary and proper party. Accordingly, he is permitted to implead the District Magistrate, Jamui as a necessary and proper party during the course of the day. State counsel accepts notice to newly added respondent No. 6.

Patna High Court CWJC No.6406 of 2020 dt.16-05-2022 2/3

2. Service of notice to respondent No. 5 stands dispensed since no adverse order is being passed in the present order.

3. Heard learned counsel for the respective parties.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this writ application is being filed for direction to the respondents to appoint the petitioner on the post of Sevika/Sahayika on the basis of order dated 09.07.2019 passed by the District Public Grievance Redressal Officer and to issue appropriate writ/writs, order/orders, direction/directions as your Lordships may deem fit and proper."

5. The petitioner and respondent No. 5 were stated to be candidates for recruitment to the post of Anganwari Sevika/Sahayika for Primary School, Maheshpur for the Centre No. 267, Ward No. 13. Petitioner is unsuccessful candidate. She has made certain averment against the selection and appointment of 5th respondent. At the same time petitioner has already invoked remedy of appeal before the appellate authority. Petitioner has not arrayed appellate authority - The District Magistrate, Jamui as necessary and proper party. In the light of these facts and

Patna High Court CWJC No.6406 of 2020 dt.16-05-2022 3/3 circumstances, the appellate authority is hereby directed to decide the petitioner's appeal after providing opportunity of hearing to the 5th respondent - Sima Kumari.

6. The above exercise shall be completed within a period of three moths from the date of receipt of this order. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date