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Patna High CourtCWJC/3993/2023dismissed

Pinki Kumari v. The State Of Bihar

2023-08-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3993 of 2023 ====================================================== Pinki Kumari, W/o Sanjay Kumar, D/o Parsuram Singh, resident of VilageMahsoni, P.S.-Halsi, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary Home Department, Patna, Bihar.

2.

The Divisional Commissioner, Munger Division, Munger. 3.

The District Magistrate, Lakhisarai.

4.

The District Program Officer, Lakhisarai.

5.

The Child Development Project Officer, Halsi Block, Lakhisarai. 6.

The Lady Supervisor, Halsi Block, Lakhisarai. 7.

Priamvada Sundaram, W/o Prem Shankar Kumar, resident of VillageMahsoni, P.S.-Halsi, District-Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate Mr.Vijay Kumar, Advocate For the State :

Mr.Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-08-2023

1. Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. The petitioner has been disqualified in the process of selection of Aanganwadi Sevika for Aanganwadi Center No. 122, Ward No.12, Village- Mahasoni, Block- Halsi, DistrictLakhisarai. It is not in dispute that the ground for disqualification is that the petitioner has appeared twice for the requisite educational qualification. The first registration was done in 1999 wherein she claimed her date of birth to be

Patna High Court CWJC No.3993 of 2023(2) dt.22-08-2023 2/2 25.08.1984. The second registration for appearing in Xth Examination was in done in the year 2003 wherein her date of birth has been recorded as 20.12.1981.

3. Learned counsel for the petitioner submits that it is highly improbable that at a subsequent examination, the petitioner would claim a date of birth prior to what she had claimed in the earlier examination. It was apparently a clerical error which was required to be corrected. She has approached the authorities for correction, which has been rejected. It is under such circumstance that her candidature in the process of selection has suffered for no fault of the petitioner.

4. Upon perusal of the order passed by the Divisional Commissioner and in view of the undisputed fact that the petitioner has two dates of birth, which till date has not been corrected, the decision of the Divisional Commissioner to disqualify the petitioner requires no interference.

5. Writ petition is dismissed.

(Madhuresh Prasad, J) shashank/- U