Tabassum Fatima v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7207 of 2015 ====================================================== Tabassum Fatima wife of Neyaz Ahmad resident of Chandanpatti, BlockHaya Ghat, P.s Ashok Paper Mill, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Social Welfare Department , Government of Bihar, Patna.

3.

The Commissioner, Darbhanga Division , Darbhanga 4.

The district Magistrate, Darbhanga.

5.

The Deputy Director Welfare, Darbhanga Division, Darbhanga 6.

The District Programme officer, Darbhanga.

7.

The Child Development Project Officer, Block- Hayaghat , P.s - Hayaghat , District Darbhanga.

8.

The Selection Committee of Panchayat Chandanpatti , Block- Hayaghat, District Darbhanga, through i 9.

Md. Jamil Shah son of Mohammad Hakim shah ward no 11, the Deputy chairman of Selection Committee, Chandanpatti Panchayat Hayaghat, Darbhanga..

10.

Akhtari Khatoon wife of Faiyaz Ahmad resident of Chandanpatti, BlockHaya Ghat, P.s Ashok Paper Mill, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Respondent/s :

Mr.Amresh Kumar Sinha- AC to GA1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-04-2019 Heard counsel for the petitioner and counsel for the respondents.

Writ petition has been filed for quashing of order dated 07.01.2015/27.01.2015 issued by the Deputy Director Welfare, Darbhanga Division in Anganbari Appeal no. 08/2014 whereby appeal filed by private respondent no.10 after lapse of

Patna High Court CWJC No.7207 of 2015(2) dt.30-04-2019 2/3 two years has been entertained and cancellation of her selection has been set aside.

Petitioner is aggrieved by the said order as it is submitted that pursuant to removal of private respondent no.10 under order of District Programme Officer, Darbhanga dated 12.01.2012 petitioner participated in the process of selection for Anganbari Sevika for the center in question. However, selection letter was not issued in favour of the petitioner. In this regard, petitioner has also filed Appeal Case no.92/2013-14 which as per petitioner's case in writ petition is still pending. Other grievance of the petitioner is that prior to setting aside order of District Programme Officer, Darbhanga directing for reinstatement of private respondent no.10, petitioner was not afforded opportunity of hearing.

Submission advanced by petitioner's counsel must be viewed in the background that admittedly no selection letter has been issued in favour of the petitioner. As regards, private respondent no.10, she had come to be reinstated. Counsel for the petitioner lastly submits that as per information, private respondent no.10 has passed away on 31.03.2018.

If that be so, it will be open to proceed afresh in

Patna High Court CWJC No.7207 of 2015(2) dt.30-04-2019 3/3 accordance with law.

Writ petition is disposed off.

(Madhuresh Prasad, J) s.hassan/- U