Rabiya Ghazala v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20219 of 2014 ====================================================== Rabiya Ghazala wife of Sri Pappu Alam @ Tabrez Alam, resident of villageAmraha, P.O.- Bara, Panchayat- Amraha, Police Station- Chandauti (Chakand O.P.), District- Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Social Welfare Department, Bihar, Patna 2.

The Director, I.C.D.S., Patna 3.

The District Magistrate, Gaya 4.

The District Programme Officer, Gaya 5.

The Child Development Project Officer, Gaya Rural 6.

Saba Naaz wife of Abid Hussain, resident of village- Amraha, P.O.- Bara, P.S.- Chandauti, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Kamlesh Mishra, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has challenged the selection of Respondent No. 6 as Anganbari Sevika from Amraha East Anganwari Centre and has sought a direction for the petitioner's selection in her place. The specific stand of the respondents in Para-8 to the counter affidavit is that, since the petitioner did not file any complain before the District Magistrate, as per clause 10.2 of the Departmental guidelines of 2011, the petitioner's claim of having filed a plea is clearly unsustainable.

Patna High Court CWJC No.20219 of 2014(3) dt.08-12-2022 2/2 The petitioner has approached this Court without exhausting her remedy under the extant guidelines, and therefore, the writ petition should not be entertained. There is no reply or rejoinder, denying or disputing these assertions, though copy of the counter affidavit was served on 09.04.2015, on the petitioner's counsel.

Writ petition is dismissed, with liberty to the petitioner to assail selection of Respondent No. 6 in appropriate proceedings, in accordance with law.

(Madhuresh Prasad, J) Raj kishore/- U