Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5557 of 2024 ====================================================== Rubi Devi W/o Late Sanjay Nath Chaudhary, R/o Village- Erazi Jagat, P.S.- Benipatti, District- Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Scheme Directorate, Social Welfare Department, Government of Bihar, Patna. 3.

The Collector, Madhubani.

4.

The District Programme Officer, Madhubani.

5.

The Child Development Project Officer, Benipatti. 6.

The Lady Supervisor, Benipatti, Madhubani.

7.

Geeta Jha, W/o Late Brajesh Jha, R/o Village- Jagat, P.S.- Benipatti, DistrictMadhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagnnath Singh, Advocate For the State :

Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of certiorari or any other appropriate writ/rule/direction for quashing the order dated 11.12.2023 (Annexure P/11) passed by the District Collector, Madhubani in Anganwari Appeal Case No.21 of 2020-21 settings aside the order passed by the District Programme Officer, Madhubani in Miscellaneous Case No.7/2019 as contained

Patna High Court CWJC No.5557 of 2024(2) dt.18-04-2024 2/3 in Memo No.256/ जी०प्रो०शा०dated 15.05.2020 (Annexure P/9) whereby and whereunder the District Programme Officer, Madhubani has been pleased to set aside the selection of the newly selected Sewika namely Geeta Jha (Respondent No. 7) of Ward No. 1, Panchayat Behta, Centre No. 334, Block Benipatti directing the appointment of the petitioner of Ward No. 1, Panchayat Behta, Block Benipatti, Centre No.334 finding her name in merit list at serial no.1 (after refusal of the candidate whose name was placed at serial no.1) in view of powers vested with him in Clause 12 of the Guidelines issued by the Department as contained in Letter No.2222 dated 25.05.2018 (Annexure P/2 Series) and therefore, this Hon'ble Court may graciously be pleased to direct the respondents to appoint the petitioner as Anganwari Sewika, Ward No. 1, Panchayat Behta, Centre No. 334, Block Benipatti and to pay the consequential benefits of the post."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including

Patna High Court CWJC No.5557 of 2024(2) dt.18-04-2024 3/3 that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U