Krishna Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10406 of 2008 ====================================================== Krishna Jha, daughter of Shiva Nand Jha, wife of Raj Kumar Jha, resident of village- Ekma, P.S. Supaul, District- Supaul .... .... Petitioner

Versus

1. The State of Bihar through Commissioner-cum-Secretary, Social Welfare Department, Govt. of Bihar, Patna

2. The Director, I.C.D., Bihar, Patna

3. The District Magistrate, Supaul

4. District Welfare Officer, District -Supaul

5. The Child Development Project Officer, Supaul

6. Pramod Rajak, Mukhiya Gram Panchayat, Ekma, P.S. & DistrictSupaul

7. Panchayat Sewak, Ekma Gram Panchayat, P.S. and District- Supaul

8. Kiran Kumari, wife of Sachida Nand Kamat, Ward No.8, Ekma Gram Panchayat, P.S. and District- Supaul.

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Respondent/s : Mr. AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

24-04-2015 Heard learned counsel for the petitioner and learned AC to GP-16.

The petitioner, invoking writ jurisdiction of this Court under Article-226 of the Constitution of India, has prayed for directing the Respondents to quash the appointment of Respondent no.8 as Aangabari Sevika of Aanganbari Centre no.3, Ekma Gram Panchayat in the district of Supaul. It has further been prayed for directing the Respondents to consider the case of the petitioner since the petitioner had obtained higher marks than the private Respondent. It has been pleaded that after noticing illegality in the

Patna High Court CWJC No.10406 of 2008 (5) dt.24-04-2015 2/2 appointment process , a complaint was filed before the District Magistrate vide Annexure-4 to the writ petition , however no decision has been taken till date.

The Court is of the opinion that instead of passing any positive order, the writ petition can be disposed of granting liberty to the petitioner to file appropriate complaint before the District Magistrate in view of provisions contained in guidelines to the appointment of Aanganbari Sevika/Sahayika supported with affidavit. If such complaint is filed within eight weeks from today, Respondent no.3/ District Magistrate, Supaul may get the matter inquired and pass final order preferably within a period of three months from the date of filing of such complaint. With above observation, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U