Kiran Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18048 of 2015 ====================================================== Kiran Kumari W/o Binay Pratap Singh, Resident of Village - Horibigha, P.S. - Hilsa, District - Nalanda, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Nalanda. 2.

The District Magistrate, Nalanda.

3.

The District Welfare Officer, Nalanda at Biharhsariff. 4.

The District Programme Officer, Nalanda at Biharshariff. 5.

The Block Development Officer, Hilsa, Nalanda. 6.

The Child Project Officer, Hilsa, District - Nalanda. 7.

The Divisional Commissioner, Patna Division, Patna. 8.

Vinita Kumari Deceased, W/o Madan Ravidas, Resident of Village - Sargaon, Noorsarai, District - Nalanda.

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

For the Petitioner/s :

Ms.Sheela Sharma For the Respondent/s :

Mr.R.R.K. Pandey, SC-29 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2023

1. The present writ petition has been filed seeking the following reliefs:- "1.a. For a declaration that the actions of the Respondents concerned in denying appointment to the Petitioner as an Aanganbari Sewika in villageHorilbigha, Aanganbari Centre No.59, Asarhi Gram panchayat in contravention of the necessary guidelines of the State Government with respect to selection of Aanganwari Sevika is arbitrary, unreasonable and violative of Article 14 & 19(1) (g) of the Constitution of India.

b. For a further declaration that the Petitioner being

Patna High Court CWJC No.18048 of 2015(2) dt.05-10-2023 2/3 the only eligible Applicant who had applied for being appointed as Aanganbari Sewika in villageHorilbigha, Aanganbari Centre No.59, Asarhi Gram panchayat in connection with the invitation of application for selection and appointment of Aanganbari Sewika in the aforesaid Centre could not have been denied selection for the said post and further the selection of Respondent No.8 (now deceased) instead of Petitioner is illegal and arbitrary exercise of power by the Respondents concerned.

c. For issuance of a writ in the nature of Certiorari quashing the order dated 17.6.2011 issued under Memo No.4438 and passed by the District Magistrate, Nalanda, Biharshariff whereby and wherein the grievance of the Petitioner against the wrongful rejection of the Application of the Petitioner for being appointed as an Aanganbari Sewika in village- Horilbigha, Aanganbari Centre No.59, Asarhi Gram panchayat has been rejected without considering the facts and law in that regard and further the wrongful selection of the Respondent No.8 (now deceased) has been upheld."

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, for redressal of her aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.18048 of 2015(2) dt.05-10-2023 3/3

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