Neha Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.907 of 2016 =========================================================== Neha Kumari Wife of Sri Vikash Kumar Resident of Village - Lodipur Bazar, P.O. Byapur, P.S. - Maner, Dist - Patna.
.... .... Petitioner
Versus
1. The State of Bihar through the Director, Department of I.C.D.S. Indira Bhawan, Bailey Road, Patna.
2. The District Magistrate, Patna.
3. The District Programme Officer (I.C.D.S.) Patna.
4. The Child Development Project Officer, Block - Maner, Distt - Patna.
5. Smt. Urmila Kumari W/o Sri Anil Kumar Singh resident of villae - Lodipur (Ganga Tola) Hathitola Ka Bathan, P.O. Byapur, P.S. Maner, Distt - Patna. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. Madhaw Prasad Yadav, GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 21-06-2017 None appears on behalf of the petitioner.
Mr. Madhaw Prasad Yadav, GP-23, appears for the State and submits that although the petitioner has questioned the appointment of respondent no.5 on the post of Anganwari Sevika but she has moved this Court without exhausting alternative remedy available to her under Clause 10.5 of the Anganwari Paryavekshika/ Sevika/ Sahaika Guidelines, 2011, which inter alia provides for a complaint to be filed before the District Programme Officer questioning any appointment and who is obliged to dispose of such complaint after hearing the contesting parties within a period of 30 days. He further submits that under Clause 10.6 of the Guidelines the order of the District
Patna High Court CWJC No.907 of 2016 dt.21-06-2017 Programme Officer is appealable before the District Magistrate. Having heard learned counsel for the State and considering the statutory provisions providing for an alternative remedy to the petitioner to question the appointment, the writ petition is disposed of leaving it open for the petitioner to exhaust the alternative remedy so available to her under the Guidelines, if so advised. (Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2017 Transmission Date NA