Meera Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7036 of 2016 =========================================================== Meera Khatoon, Daughter of Mazhar Ali, Resident of Village- Khairan, P.S.- Balrampur, District- Katihar.

.... .... Petitioner/s

Versus

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

2. The Director, Special Welfare Department, Bihar, Patna, (I.C.D.S.).

3. The District Magistrate, Katihar.

4. The District Programme Officer, Katihar.

5. The Child Development Project Officer, Balrampur, District- Katihar.

6. The Mukhiya cum Chairman, Selection Committee, Gram Panchayat RajFatehpur, P.S.- Balrampur, District- Katihar.

7. Anjum Ara, wife of Md. Saidur, Resident of Village- Khairan, P.S.- Balrampur, District- Katihar.

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

For the Petitioner/s : Mr. Firoz Ahmad, Adv. For the Respondent/s : Mr. Harish Kumar, GP-32 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 25-06-2018 Heard the parties.

The petitioner prays for a direction for her appointment as Anganbari Sevika but the proceeding of the Aam Sabha enclosed at Annexure 'A' would confirm that the petitioner is at serial no.5 and her candidature has been kept out of consideration primarily on grounds of obtaining qualification from Hindi Vidyapeeth, Deoghar. The proceeding further confirms that it is the candidate at serial no.1, namely, Anjuman Ara who has been recommended for appointment.

In the circumstances, where admittedly the candidate

Patna High Court CWJC No.7036 of 2016 dt.25-06-2018 present at serial no.1 has been appointed as Anganbari Sevika, the petitioner can raise no contest.

In so far as the reason assigned for her disqualification is concerned, which is put to challenge, I leave it open for the petitioner to question the same in an appropriate proceeding because prima-facie I am not satisfied with the reasons for disqualification of the petitioner but yet do not feel persuaded to interfere with the selection process because as noted it is the person at serial no.1 who has been appointed.

With reservation kept in favour of the petitioner to raise the issue of qualification in an appropriate matter and not persuaded to interfere with the selection process the writ petition is disposed of with the liberty aforementioned.

(Jyoti Saran, J) SKPathak/Mukesh AFR/NAFR NAFR CAV DATE NA Uploading Date 03-07-2018 Transmission Date NA