Kumari Bibha Sharma @ Bibha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.312 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5227 of 2013 Along with Interlocutory Application No.1401 of 2015 =========================================================== Kumari Bibha Sharma @ Bibha Devi, W/o - Sachchidanand Sharma, resident of - Village - Ladhpur, P.S. - Phulwaria, Distt. - Gopalganj. .... .... Petitioner-Appellant

Versus

1. The State of Bihar.

2. The Principal Secretary, Social Welfare Department, Bihar, Patna.

3. The Director Social Welfare Department I.C.D.S., Directorate, Bihar, Patna.

4. The Commissioner, Sara Division, Chapra.

5. The District Magistrate, Gopalganj.

6. The District Programme Officer, Gopalganj,

7. The Bal Bikash Priyojana Padadhikari, Phulwaria, Block Gopalganj.

8. The Mukhia, Bathua Bazar, Gram Panchayat, Block-Phulwaria, Gopalganj.

9. The Panchayat Secretary, Bathua Bazar Gram Panchayat, Phulwaria, Block, Gopalganj,

10. Smt. Kabitra Kumari, W/o - Ram Kumar Pandey, R/o Village - Ladhpur, P.S. - Phulwaria, Distt. - Gopalganj.

.... .... Respondents -Respondents =========================================================== Appearance :

For the Appellant : Mr. Yogendra Prasad Sinha, Advocate For the Respondents : Mr. P.K.SINGH, S.C.-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 29-04-2016 Re.: Interlocutory Application No.1401 of 2015 The application is to seek condonation of delay of 203 days in filing the present appeal.

Patna High Court LPA No.312 of 2015 dt.29-04-2016 2/3 For the reasons mentioned in the application, we find that sufficient cause is shown by the appellant to seek condonation of delay of 203 days in filing of the appeal. Consequently, the delay is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.312 of 2015 The order dated 11.12.2013 passed by the learned Single Bench of this Court in C.W.J.C. No.5227 of 2013 is subject matter of challenge in the present Letters Patent Appeal whereby the writ application filed by the appellant challenging the appointment of respondent No.10 as Anganbari Sevika remained unsuccessful. The grievance of the appellant is that respondent no.10 resigned as Anganbari Sevika, therefore, in terms of the policy of appointment of Anganbari Sevika, she could not have been appointed. It is admitted fact that the name of the appellant appeared at serial no.16 of the merit list of the candidates of Anganbari Sevika. There are many more candidates more meritorious who rank higher in merit than the appellant.

Therefore, even the contention of the appellant is to be accepted, but no substantive relief can be granted to the appellant as she is much below in the merit list.

Patna High Court LPA No.312 of 2015 dt.29-04-2016 3/3 the present intra court appeal.

The Letters Patent Appeal thus stands dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sunil/- AFR/NAFR CAV DATE N.A.

Uploading Date 03.05.2016 Transmission Date