Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10224 of 2021 ====================================================== Sangita Kumari, Wife of Sri Mithun Kumar, Resident of Village- Madhopur, P.O.- Banauli, P.S.- Simri, Block- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

The Director, ICDS, Pant Bhawan, Patna.

3.

The District Magistrate-cum- Collector, Darbhanga. 4.

The District Programme (ICDS) Darbhanga.

5.

The Child Development Project Officer, Singhwara, District- Darbhanga. 6.

The Lady Supervisor, Singhwara, Darbhanga.

7.

Smt. Rita Kumari @ Rita Devi Wife of Sri Sonu Bhagat, Resident of Village- Madhopur, Gram Panchayat Madhopur (Bastwara, Ward -15) Centre Singhwara, District- Darbhanga.

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

For the Petitioner/s :

Mr. Sunil Kumar Karn, Advocate For the Respondent/s :

Mr.Md. Raisul Haque ( SC-10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-12-2021 Heard learned counsel for the respective parties.

2. In the instant petition, the petitioner has prayed for the following reliefs:

"That by way of this application petitioner seeks indulgence of the Hon'ble Court for issuance of appropriate writ / order / directions to the respondents in the nature of certiorari to set aside the order dated 18-11-2020 contained in memo no. 1653 passed by the District Programme Officer (ICDS) Darbhanga, in complain Case no. 47/2019 whereby and whereunder the selection of the petitioner on the post of Anganwari Sevika at Centre Code no. 267 ward no. 15, Panchayat Singhwara District Darbhanga, has been cancelled and direction has been issued to the C.D.P.O. Singhwara to

Patna High Court CWJC No.10224 of 2021 dt.09-12-2021 2/2 issue selection letter to the Respondent no.7 after due verification of her original Certificate who has been not selected in the Aam Sabha even after obtaining higher marks, because her (Res. no.7) date of birth varied in comparison to her another matriculation Certificate as well as date of birth shown in voter list and shown by herself in the nomination paper while elected on the post of panch in the same Gram Panchayat as well as date of birth shown in the Handicapped certificates. (ii) Further to issue direction to allow the petitioner to discharge her duty as usual.

(iii) Further for issuance of any other appropriate writ / order / direction to which the petitioner is found to be entitled too in the facts and circumstances of the case."

3. Undisputedly, the petitioner has invoked the remedy of statutory appeal, which is pending consideration before the appellate authority. The appellate authority has not decided the petitioner's appeal. Therefore, the appellate authority is hereby directed to decide the Memorandum of Appeal of the petitioner within two months from the date of receipt of this order and communicate the same to the petitioner at the earliest.

4. This petition stands disposed of.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2021 Transmission Date Na