Asha Gupta @ Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5516 of 2024 ====================================================== Asha Gupta @ Asha Devi Wife of Devanarayan Gupta @ Deo Narayan Gupta Resident of Village- Mahadeva, P.S.- Laukhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Madhubani.

5.

The District Programme Officer, Madhubani.

6.

The Child Development Project Officer, Laukhi Block, District- Madhubani. 7.

The Secretary Gram Panchayat Raj Narahiya, P.S.- Laukhi, DistrictMadhubani. 8.

The Mukhia, Gram Panchayat Raj, Narahiya, P.S.- Laukhi, DistrictMadhubani. 9.

Ruby Kumari W/o Pramod Kumar Sah Resident of Village- Mahdeva, P.S.- Laukhi, District- Madhubani.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Standing Counsel 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of certiorari for quashing the order dated 05.12.2017 passed by Learned Collector, Madhubani in Anganwari

Patna High Court CWJC No.5516 of 2024(2) dt.18-04-2024 2/3 Misc. Case No. 46/2016-17, by which the Respondent No. 5 ignoring the government circular i.e. Letter No.1662 dated 10.12.2003 and affirm selection of Respondent No.9 on the post of Anganwari Sevika and to quash the selection/appointment of the Respondent No.9 on the post of Anganwari Sevika at Centre No.11 of Gram Panchayat Narahia North, Laukhi, District Madhubani whose selection and appointment is illegal in view of the fact that her father- in-law is Government Servant and she did not belongs to poverty line also issuance of the writ of mandamus directing/commanding the respondent to select and appoint the petitioner on the said post after cancellation of the appointment of the respondent No.9."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not

Patna High Court CWJC No.5516 of 2024(2) dt.18-04-2024 3/3 pressed.

(Mohit Kumar Shah, J) kanchan/- U