Dharmshila Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 21366 of 2013 ====================================================== Dharmshila Kumari, Wife of Hare Krishna Rai, resident of Gram Post Hargovindpur via B Chandel, Thana Manhar, District Vaishali -844501, Bihar ... ... Petitioner/s
Versus
1. The State Of Bihar, through Secretary Welfare Department, Bihar Patna.
2. The Director, Integrated Child Development Scheme, Directorate Social Welfare Department Bihar, Patna.
3. The Divisional Commissioner, Muzaffarpur
4. The District Magistrate, Vaishali, Hajipur
5. The District Programme Officer, Vaishali, Hajipur
6. The Child Development Project Officer, Manhar, Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Aishwarya Shankar, Advocate For the Respondent/s :
Mr. Manish Kumar, Advocate AC to AAG-6 (Ex.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 23-06-2026 Heard the learned counsel for the parties.
2. The present writ petition has been filed for the following reliefs:- "I.
For issuance of writ in the nature of certiorari to quash the order dated 25.03.2013 whereby petition filed by the petitioner has been dismissed by the commissioner and further it has been directed that there is no need to cancel the merit list published on 08.02.2012 and 26.03.2012.
II.
For issuance of writ in the
2/5 nature of certiorari to quash the selection list dated 8.2.2012 for appointment to the post of Mahila Paryavekshak (Female Supervisor) as several Irregularities and illegalities have been committed by the Selection Committee by selecting undeserving candidates and denying the petitioner selection.
III.
For Issuance of writ in the nature of mandamus for directing the District level Selection Committee for selection of Female Supervisor (Mahila Paryavekshak) to give weight age points to the petitioner for having passed Masters Degree, and having submitted the mark sheet for the same at the time of filing of objections after the merit list was published on 12.12.2011 and thereafter to publish a fresh merit list and selection list after adding 10 points for Masters degree acquired by
3/5 the petitioner.
IV.
For issuance of writ in the nature of mandamus for directing the District level Selection Committee to give additional bonus points for petitioner being selected for awards during the course of her service as an Aanganbari Sevika and add the same for arriving at the correct merit position of the petitioner for appointment to the post of Female Supervisor (Mahila Paryavekshak) V.
For issuance of writ in the nature of mandamus for directing the District Level Selection Committee to amend the final selection list published on 8.2.2011 after awarding appropriate points to the petitioner for acquiring Masters Degree as well as for giving her appropriate no. of points for receiving awards as per the selection rules."
3. It appears from the prayers made in the writ petition that the petitioner has sought for quashing of selection
4/5 list dated 08.02.2012, for appointment to the post of Mahila Paryavekshak (Family Supervisor) on the ground that several irregularities and illegalities have been committed by the Selection Committee, by selecting undeserving candidates and denying the petitioner selection. Some other prayers have also been made.
4. It further appears that although the petitioner has prayed for quashing the select list dated 08.02.2012, however not even a single candidate has been made as party respondents, since admittedly, if the prayers made in the writ petition would be allowed, many selected candidates would be affected. Now, at this stage, it is more than fourteen years, after issuance of the select list of the selected candidates on 08.02.2012, they have already given their respective joining and started working. Therefore, now at this stage, any interference with the select list would cause prejudice to them and in absence of any of the selected candidates, being made as party respondents, the present writ petition is fit to be dismissed.
5. Accordingly, the writ petition is dismissed on account of non-joinder of parties and on the ground that now, it is almost fourteen years after issuance of the select list and many of candidates have joined, and have not been made party
5/5 in the present writ petition.
(Ritesh Kumar, J) Pallavi/- U