Rukhsar Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6160 of 2019 ====================================================== Rukhsar Khatoon, Wife of Md. Meraj Ansari R/o Village-Sidhauli, P.S.-Dehri (Town), District-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna 2.

The Divisional Commissioner Patna Division, Patna 3.

The District Magistrate Rohtas at Sasaram 4.

The District Programme Officer Rohtas at Sasaram 5.

The Child Development Project Officer Dehri Rural, P.S.-Dehri Town, District-Rohtas 6.

The Ladies Supervisor posted in the office of Child Development Project Officer, Dehri Rural, P.S.-Dehri Town, District-Rohtas 7.

Smt. Vidya Laxmi, Wife of Dipak Kumar R/o Village-Ahibaranpur, P.S.- Ankorhi Gola, District-Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Singh For the Respondents :

Ms. Neelam Kumari AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-04-2019 Heard learned counsel for the parties.

2. The petitioner is aggrieved by the inaction of the District Programme Officer, Rohtas at Sasaram in not taking any action/decision over the complaint made by the petitioner against the appointment of private respondent no. 7 to the post of Aanganwari Sevika in Ward No. 4 at Aanganwari Centre, Sidhauli in the district of Rohtas.

Patna High Court CWJC No.6160 of 2019 dt.22-04-2019 2/3

3. It has been submitted on behalf of the petitioner that on 03.02.2018, an advertisement was issued for selection of Aanganwari Sevika/Sahayika for Centre Code No. 176, Ward No. 4 of Sdihauli. The petitioner also was one of the aspirants and was placed at Serial No. 3 in the merit list. Though private respondent no. 7 was ranked as the most suitable candidate and was placed at Serial No. 1 in the merit list, but her application was not in tune with the requirements laid down in rules for appointment of Aanganwari Sevika. A complaint to that effect has been made by the petitioner before the concerned authority viz. District Programme Officer, Rohtas at Sasaram on 11.05.2018 which has yet not been acted upon.

4. Times without number, this Court has been commenting on such inaction on the part of the District Programme Officers of the State of Bihar in not responding to the complaints of the candidates who find the process of appointment/selection to be without rules or bad. Still such inaction is being shown by such authorities.

Patna High Court CWJC No.6160 of 2019 dt.22-04-2019 3/3

5. In any view of the matter, the petitioner is directed to make a fresh representation/complaint before the District Programme Officer, Rohtas at Sasaram (respondent no. 4) within a period of two weeks, who on receipt of such representation/complaint shall, after hearing the parties viz. the petitioner, private respondent no. 7 and other stakeholders, pass a reasoned order in accordance with law within a further period of six weeks thereafter.

6. Should the petitioner feel aggrieved by the order of the District Programme Officer, Rohtas, it would be open for her to approach the District Magistrate, Rohtas at Sasaram, in appeal, to which she is entitled.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2019 Transmission Date