Punita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8273 of 2019 ====================================================== Punita Devi, Wife of Sri Vijay Sahu R/o Village-Samadpura, P.O. Baheri, P.S. Baheri, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary Social Welfare Department, Government of Bihar, Patna 3.

The Director Integrated Child Development Services, Bihar, Patna 4.

The District Magistrate, Darbhanga District-Darbhanga 5.

The District Programme Officer (ICDS), Darbhanga District-Darbhanga 6.

The Child Development Project Officer, Baheri District-Darbhanga 7.

Kanchan Kumari W/o Sri Rakesh Kumar R/o Village-Samadpura, P.O. Baheri, P.S.-Baheri, District-Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Ms. Anita Kumari, Advocate Mr. S.B.K. Mangalam, Advocate For the Respondents :

Ms. Neelam Kumari, AC to SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 17-05-2019 Heard the learned counsel for the parties.

2. Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner and Ms. Neelam Kumari, learned AC to SC-3.

3. The petitioner is aggrieved by the appointment of Private Respondent No. 7 on the post of Aanganwari Sevika at the concerned centre. The petitioner also was one of the aspirants and in the merit list which was

Patna High Court CWJC No.8273 of 2019 dt.17-05-2019 2/3 prepared, the petitioner was placed after Private Respondent No. 7. A complaint has been made by the petitioner about the wrong selection of Private Respondent No. 7 on the post of Aanganwari Sevika before the District Programme Officer, Darbhanga on the ground that she does not have requisite qualification; does not hail from the concerned area and that a disqualification is attached to her for her being related to a public servant.

4. The complaint before the District Programme Officer, Darbhanga has not yet been acted upon.

5. In the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to file a fresh complaint before the District Programme Officer (ICDS), Darbhanga (respondent no. 5) within a period of four weeks from today, who, on receipt of the same, shall, after hearing all the necessary parties viz. the petitioner and Private Respondent No. 7 and other stake holders, pass a reasoned order in accordance with law within a period of six weeks thereafter.

Patna High Court CWJC No.8273 of 2019 dt.17-05-2019 3/3

6. Should the petitioner remain dissatisfied even thereafter, she would have the opportunity of challenging the order of the District Programme Officer, Darbhanga (respondent no. 5) before the District Magistrate, Darbhanga (respondent no. 4).

7. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2019 Transmission Date