Arti Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12890 of 2014 ====================================================== Arti Mishra, Wife of Rakesh Mishra, Resident of village- Kudaro, Police Station- Bounsi, District- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Welfare Department, Government of Bihar, Patna 2.

The Divisional Deputy Director, Welfare, Bhagalpur Division, Bhagalpur 3.

The District Programme Officer, Banka 4.

The Child Development Project Officer, Bounsi 5.

Punam Kumari, Wife of Ravi Shankar Mishra, Resident of village- Kudaro, P.O.- Golhati, Police Station- cum-Circle- Bounsi, District- Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sudhir Kumar Bijpuria, Advocate For the Respondent/s :

Mr Raghwanand, GA XI Mr Sanjay Kr Tiwari, AC to Ga XI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 02-07-2019 Heard learned counsel for the petitioner and the respondent-State.

2 It is submitted by the petitioner's counsel that the selection of respondent No 5 as Angan Bari Sevika for the Center in question under Gram Panchayat - Kudro, Ward No 12 in the district of Banka is unsustainable having regard to the fact that she was not a resident of the area. The admitted position is that respondent No 5 was having higher marks than the petitioner. The petitioner, however, had made a complaint that the name of

Patna High Court CWJC No.12890 of 2014 dt.02-07-2019 2/3 respondent No 5 finds mention in two electoral rolls that is in Kudro Grm Panchayat, Ward No 12 as well as in Gaya. She could not have been selected at the Centre at Gram Panchayat - Kudro which has been done only on the basis of affidavit submitted by respondent No 5, in support of her resident status. 3 The prayer was considered by the District Programme Officer and final order has been passed thereupon. The District Programme Officer has considered the fact that the name of respondent No 5 has already been deleted from the electoral roll at Gaya. The residential certificate issued by the Circle Officer in favour of the petitioner showing her to be resident of Kudro has also been considered.

Further, the fact that the names of father-in-law and husband of the petitioner find mention in the electoral roll of Kudro has also been considered by the District Programme Officer to sustain the selection of respondent No 5. Petitioner's appeal against the order passed by the District Programme Officer has been rejected by the Deputy Director, Welfare under order dated 06.05.2014.

4 Having regard to the order of the District Programme Officer based on the various findings, which have been recorded on the basis of the documents considered by him, this Court does

Patna High Court CWJC No.12890 of 2014 dt.02-07-2019 3/3 not find it a fit case to interfere with the orders passed by the District Programme Officer or the Deputy Director, Welfare. 5 Writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2019 Transmission Date NA