Smt. Khushbu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8775 of 2021 ====================================================== Smt. Khushbu Kumari W/o Dharmendar Kumar, resident of VillageMahamdalichak, P.O. Samai, P.S. Nawada Muffasil, District-Nawada, Pin Code-805104.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nawada.

3.

The Block Development Officer, Nawada.

4.

The Child Development Project Officer, Nawada. 5.

The District Program Officer, Nawada.

6.

The Super wiser, Nwada Block, Nawada.

7.

The Mukhiya Gram Panchayat Raj Samay 8.

The Secretary Gram Panchayat Raj Samay.

9.

Smt. Sunita Kumari, W/o Uday Kumar, Resident of Village-Mahamdalichak, P.O. Samai, P.S. Nawaa Muffasil, District-Nawada, Pin Code-805104. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondent nos. 1 to

8. Service of notice to respondent no. 9 is dispensed since no adverse order is passed against her.

3. Petitioner's counsel to serve copy of the petition to the State counsel, if it is not already served.

Patna High Court CWJC No.8775 of 2021 dt.15-02-2022 2/3

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

"[i] For issuance of writ(s), order(s), direction(s) in the nature of Mandamus directing the Respondent No.

2 to decide the case of petitioner in the matter of her selection as Anganbari Sewika in accordance with law within a time after hearing of the Parties which is filed on 03.01.2019 for her selection as Anganbari Sevika in Center no. 352 ward no. 13, Grampanchayat Raj Samai, District Nawada wherein respondent 4 has selected Smt. Sunita Kumari respondent no. 9 as Anganbari Sevika in most illegal and arbitrary manner ignoring Petitioner who figures in the merit list at serial no.1. [ii] For issuance of any other appropriate order/orders, direction/directions as your Lordship may deem fit and proper in the facts and circumstances of the case."

5. In support of aforesaid relief petitioner submitted representation on 28.12.2018 (Annexure-5) before the District Magistrate, Nawada (Respondent No. 2), which is pending consideration.

6. Therefore, the District Magistrate, Nawada is hereby directed to take note of grievance of the petitioner stated in the representation and redress the same after giving due opportunity of hearing to 9th respondent- Smt. Sunita Kumari and petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order.

Patna High Court CWJC No.8775 of 2021 dt.15-02-2022 3/3

7. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 23.02.2022 Transmission Date