Smita Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14879 of 2014 ====================================================== Smita Sinha Wife of Ram Pravesh Singh Resident of Village - Sarfdinpur, Ward No.1, Panchayat Simaru, Block - Gurua, P.S. Gurua, District - Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya 3.

The Deputy Director, Welfare, Magadh Division, Gaya 4.

The District Programme Officer, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Respondent/s :

Mr. Sanjay Pandey, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the respondent- State.

2. The petitioner has assailed the order passed by the Deputy Director, Welfare, Magadh Division, Gaya whereby the petitioner's appeal against the order of the District Programme Officer dated 03.07.2013 has been rejected. The petitioner's selection as Aanganwari Sevika for the center in- question has been cancelled as a result of the two orders.

3. It is submitted by the petitioner's counsel that by raising the false dispute regarding the petitioner identity, her selection as Aanganwari Sevika has been cancelled. In support of said submission, reliance is placed on Annexure-8 series as

Patna High Court CWJC No.14879 of 2014 dt.24-09-2019 2/3 contained in Interlocutory Application no. 203 of 2015, wherein, the extract of corrected voter list has been placed on record, wherein, the petitioner's name is shown as 'Samita Sinha'.

4. The selection of the petitioner as 'Samita Sinha' is, therefore, sought to be justified on the basis of this corrected voter list dated 10.04.2014, in support of her selection done by the Aam Sabha in February, 2013. The fact of subsequent correction has been taken note of by the Deputy Director, Welfare Magadh Division, Gaya in his order dated 02.07.2014 passed in Aanganwari Appeal no. 36 "Ka"/2013. Various documents have been brought on record to show that the name of the petitioner prior to correction being done so being figured as 'Chanchala Kumari' including the voter list as well as the Admission Register of the child of the petitioner, wherein, their mother's name has been shown as 'Chanchala Kumari'.

5. On going through the orders passed by the authorities, this Court would observe after taking into consideration all the materials, the Authorities have arrived at a conclusion that the subsequent rectification of the petitioner's name in the voter list in the year 2014 could not have been relied upon to substantiate or justify her selection in February, 2013.

6. In the aforesaid circumstances, this Court does not find

Patna High Court CWJC No.14879 of 2014 dt.24-09-2019 3/3 any reason to interfere with the orders passed by the Authorities.

7. Accordingly, the writ petition is dismissed. (Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE Uploading Date 30.09.2019 Transmission Date