Poonam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5516 of 2020 ====================================================== Poonam Kumari, Wife of Abhay Kumar Raj Resident of Village Rautavanshi, Ward No.07, Block Saur Bazar District Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Directorate, Integrated Child Development Services Government of Bihar, Patna.

2.

The Director, Integrated Child Development Services, Government of Bihar, Patna.

3.

The District Magistrate, Saharsa.

4.

The Deputy Director Welfare, Koshi Range, Saharsa. 5.

The District Program Officer, Saharsa.

6.

The Child Development Project Officer, Saur Bazar, District Saharsa. 7.

Phool Kumari Wife of Umashankar Kumar Resident of Village Rautavanshi, Ward No.07, Block Saur Bazar District Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Respondent/s :

Mrs. Kumari Amrita (GP-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Service of notice to 7th respondent is dispensed with, since no adverse order is passed against her.

3. Heard learned counsel for the parties.

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

"That this application is being filed for issuance of appropriate writ/writs, order/orders, direction/directions with regard to selection of the Petitioner as Anganwari Sevika at Anganwari Centre

Patna High Court CWJC No.5516 of 2020 dt.04-01-2022 2/2 No. 223, namely Bariyahi Tola Rautavanshi, Saur Bazar, District Saharsa, by removing the respondent No.7 from the said post as she has wrongly and illegally been given selection Letter by the Respondent No.6, secretly by using unfair means, and also against the Rules, and further direction/directions for fresh and fair selection within the candidates available at that time."

5. The petitioner has remedy of statutory appeal before the Appellate Authority and it is not exhausted.

6. Accordingly, the writ petition stands disposed of as premature in the light of the decision of the Apex Court in the case of State of Jammu and Kashmir V/s. R. K. Zalpuri and others reported in AIR 2016 SC 3006, reserving liberty to the petitioner to prefer appeal before the Appellate Authority within a period of four weeks' from the date of receipt of a copy of this order.

7. The concerned Appellate Authority is hereby directed to decide the petitioner's appeal to be filed within a period of three months from the date of receipt after due opportunity of hearing to 7th respondent.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.01.2022 Transmission Date NA