← Library
Patna High CourtCWJC/11363/2021dismissed

Sunita Kumari v. The State Of Bihar

2023-11-03Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11363 of 2021 ====================================================== Sunita Kumari W/o Sonu Kumar Resident of Bangara Muja, Madhurapur, P.s.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Director, Department of Social Welfare, Govt. of Bihar, Patna 2.

The Director, Department of Social Welfare, Govt. of Bihar, Patna 3.

The District Magistrate, Muzaffarpur, District- Muzaffarpur 4.

The District Programme Officer, Muzaffarpur, District- Muzaffarpur 5.

The Child Development Programme Officer, Sahebganj, DistrictMuzaffarpur 6.

The Block Development Officer, Block- Sahebganj, District- Muzaffarpur 7.

The Female Supervisor, Child Development Project, Block- Sahebganj, District- Muzaffarpur 8.

The Mukhiya Gram Panchayat Raj Jagdishpur, Block- Sahebganj 9.

The Panchayat Secretary Gram Panchayat Raj Jagdishpur, Block- Sahebganj 10.

Smt. Asha Devi W/o Krishna Kumar Yadav resident of Madhurapur, P.s.- sahebganj, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the State :

Ms.Kumari Amrita (Gp3) Mr.Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(I) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondents authorities to recalculate the population in view of provisions contemplated under plan for endorsement of services of Ward No.11 of Jagadishpur Gram Panchayat under

Patna High Court CWJC No.11363 of 2021(2) dt.03-11-2023 2/3 Sahebganj Block, Muzaffarpur which constitute Anganwarl Centre No. 912 as from the bare perusal of Voter-list it is apparent that maximum population of Schedule Caste are residing in said Centre but in connivance with the people of Backward Category the said Centre has shown as maximum population of backward class.

(II) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondents to produce the appointment letter of respondent no.... as he is being coming under backward caste whose population is lesser than Schedule Caste and after production of appointment letter of respondent no.......... the same may be quashed by issuance of writ of Certiorari, since the basic concept of functioning of Anganwari Centre is to appoint Sevika and Sahalka from the caste which is most populous in particular Centre.

(III) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondents authorities to appoint the petitioner as Anganwari Sevika in Ward No.11, Anganwari Centre No. 912 since the petitioner is the bonafide candidate among the candidates of Schedule Caste."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.11363 of 2021(2) dt.03-11-2023 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U