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Patna High CourtCWJC/4698/2022dismissed

Laxmi Kumari @ Lakshmi Kumari v. The State Of Bihar

2023-11-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4698 of 2022 ====================================================== Laxmi Kumari @ Lakshmi Kumari Wife of Manish Kumar Resident of Village-Kailatand, P.S.-Bhagwanpur, District-Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Vaishali at Hajipur. 3.

District Programme Officer, Vaishali, Hajipur. 4.

Child Development Project Officer, Bhagwanpur, Vaishali. 5.

The Mukhiya, Gram Panchayat raj PratapTand, East Bhagwanpur, Vaishali. 6.

Lady Supervisor, Bhagwanpur, Vaishali.

7.

Guddi Kumari Wife of Binod Kumar Singh Anganbari Kendra No.100, Ward No.7 Panchayat Partaptand East, Resident of Village-Kailatand, P.S.- Bhagwanpur, District-Vaishali.

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Respondent/s :

Mr.Prashant Pratap, GP-2 Mr.Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2023

1. The present writ petition has been filed seeking the following reliefs:- "(A) A writ in the nature of Certiorari or any other appropriate writ order/orders, direction quashing the following :- (i) Order dated 14.02.2022 contain in memo No.257 passed by District Programme Officer, Vaishali rejecting the selection of Guddi Kumari as Anganbari Sevika of Anganbari Centre No.100 following within Panchayati Raj Prataptand East of Vaishali District.

Patna High Court CWJC No.4698 of 2022(2) dt.23-11-2023 2/3 (B) A writ in the nature of Mandamus or any other appropriate writ order/orders, direction commanding the respondent for the following :- (i) To hold that the appointment of Guddi Kumari as Anganbari Sevika of Anganwari Sevika No.11 of Panchayati Raj, Prataptand, East Vaishali District is illegal and not sanction by the law.

(ii) To treat the order contained in memo No.257 dated 14.02.2022 passed by District Programme Officer, Vaishali (Annexure-5) with the petition is illegal and without jurisdiction.

(iii) To hold that Guddi Kumari is neither the wife of Binod Kumar Singh nor residence of Posak area of Anganwari Centre No.100 following within Panchayati Raj, Prataptand East of Vaishali District. (iv) To hold that the Schedule Cast is in the majority of the Posak Kshetra Anganwari Centre appointment of No.100. Hence appointment of the candidate belonging to General Category is illegal and without jurisdiction.

(v) To hold that Guddi Kumari respondent No.7 is a fake lady at least she is neither the wife of Binod Kumar Singh nor she is resident of Poshak Area of Anganbari Centre No.100.

(vi) To appoint the petitioner on as a Anganwari Sevika Centre No.100."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.4698 of 2022(2) dt.23-11-2023 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U