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Patna High CourtCWJC/10145/2015disposed

Sajda Khanam v. The State Of Bihar And ORS

2015-07-27Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10145 of 2015 ====================================================== Sajda Khanam w/o Late Nazar Alam resident of village Mathwa, P.S. Turcoliya, District East Champaran.

.... .... Petitioner/s

Versus

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

2.Director, ICDS Directorate, Government of Bihar, Patna. 3.The District Magistrate East Champaran, Mothari. 4.The District Welfare Officer, East Champaran, Motihari. 5.The Child Development Programming Officer, Turkoliya, District East Champaran.

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Adv For the Intervener : Mr. Ranjeet Kumar, Adv For the State : Mr. Indeshwari Pd. Mandal AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 27-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner has a grievance as with regard to her selection and appointment on the post of Anganbadi Sevika, the remedy for her in the first instance would be before the concerned authority.

Learned counsel for the petitioner submits that it is the Collector of the district who is the competent authority in this case.

At this stage, learned counsel for intervener has

Patna High Court CWJC No.10145 of 2015 (2) dt.27-07-2015 submitted that the Collector of the district having found gross illegality in the matter, has cancelled the entire selection as a whole.

Since, this Court is not deciding the case on merit, and if the petitioner is aggrieved by any decision of the authority, which has not been assailed herein and for which there is remedy under the policy itself, she would always be at liberty to invoke the remedy before moving the competent authority as per guidelines. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U