Savitree Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11006 of 2021 ====================================================== Savitree Kumari Wife of Vikash Kumar Ram Resident of Village-Bagahi, P.O.-Parouna, Gram Panchayat-Dharmpur Jafar, Block and P.S.-Amnour, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Scheduled Caste and Scheduled Tribes Welfare, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Scheduled Caste and Scheduled Tribes Welfare, Government of Bihar, Patna.

3.

The Director, Department of Scheduled Caste and Scheduled Tribes Welfare, Government of Bihar, Patna.

4.

The Deputy Director (Welfare), Department of Scheduled Caste and Scheduled Tribes Welfare, Government of Bihar, Patna. 5.

The District Magistrate, Saran at Chapra.

6.

The District Project Officer-Cum-District Welfare Officer, District-Saran at Chapra.

7.

The Sub Divisional officer, Madhoura, District-Saran at Chapra. 8.

The Sub Divisional Welfare Officer, Madhora, District-Saran at Chapra. 9.

The Block Development Officer, Block-Amnour, District-Saran at Chapra. 10.

The Block Welfare Officer, Block-Amnour, District-Saran at Chapra. 11.

The Sub Divisional Level Vikash Mitra Selection Committee, through the Sub Divisional Officer/Sub Divisional Welfare Officer, Madhoura, DistrictSaran at Chapra. 12.

The Bihar Mahadalit Vikash Mission, Block-3, 2nd Floor, Old Secretariat, Bihar, Patna through its Mission Director.

13.

The Mission Director, Bihar Mahadalit Vikash Mission, Block-3, 2nd Floor, Old Secretariat, Bihar, Patna.

14.

The District Magistrate-Cum-President, Zila Mahadalit Mission Samiti, District-Saran at Chapra.

15.

Subodh Kumar Son of Rajkishore Ram Resident of Village-Kuari, POParouna, PS-Amnour, Distirct-Saran. 16.

Rajendra Kumar Son of Lakshman Das, Resident of Village- Bagahi, POParouna, PS- Amnour, District-Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5, Advocate Mr.Sudhanshu Kumar, Advocate For the Respondent/s :

Mr.S. K. Mandal ( Sc3 ) Ms.Neelam Kumari, AC to SC-3 For BMVM :

Mr.Ranjeet Kr. Pandey, Advocate

2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) The quashing of the Merit List dated 12.03.2021; as contained in Annexure-3, Page18 of the writ application. (b) And further for a direction to the Respondent Authorities to delete the names of the Male Candidates and prepare a merit list of the Women Candidates only for which the Post is categorized.

(c) And in consequence, select and appoint the Petitioner on the post of the Vikash Mitra in Gram Panchayat - Dharmpur Jafar details of which has been stated in Para 3... of this writ application.

(d) And further for a direction to the Respondent Authorities to produce the appointment letter issued to the Respondent No. 15.

(e) And further for the quashing of the appointment letter of the Respondent No 15; so produced.

(f) And further for a direction to the Senior Respondent Authorities - to hold an inquiry into the illegalities committed by the Block / Sub Divisional authorities and award a suitable punishment to the delinquent officials

3/4 on amongst others the following grounds: - (i) For that the post of Vikash Mitra in Gram Panchayat Dharmpur Jafar is categorized as Female Chamar seat.

(ii) For that one Meena Devi was used to be the Vikash Mitra in Dharmpur Jafar and the seat has become vacant after the death of the said Meena Devi.

(iii) For that the selection process of the Vikash Mitra started on the basis of the Panchayat Reservation year 2006 and the categorization of vacancies year 2010.

(iv) For that in consequence the application for the Gram Panchayat Dharmpur Jafar was to be taken from the women candidates only and one woman Vikash Mitra was to be appointed in Gram Panchayat Dharmpur Jafar.

(v) For that the Respondent Block / Sub Divisional Authorities have entertained the application of the male candidates also and has selected and appointed Respondent No 15 On the post of the Vikash Mitra in Dharmpur Jafar, which is highly arbitrary.

(vi) For that the Petitioner had objected to the Merit list on 16.03.2021 itself (Annexure - 74.) but the authorities took no cognizance to the objections raised by

4/4 the Petitioner; and has select and appointed the Respondent No 15, on the post of Vikash Mitra.

(vii) For that due to the illegal and arbitrary action of the Respondent Authorities, the Petitioner is suffering from irreparable injury.

(viii) For that due to the illegal and arbitrary action of the Respondent Authorities, the Fundamental Rights of the Petitioner, as enshrined in the Constitution of India, has been violated."

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 approach the respondentauthorities for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/- U