Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8034 of 2020 ====================================================== Neha Kumari wife of Mantu Kumar Resident of ward no 1 Gram- Goriyar, P.S. Goriar, District- Purnia.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Purnia, Bihar.

3.

The District Programme Officer, Purnia, Bihar. 4.

The Child Development Project Officer, Rupoli, Purnia. 5.

Smt. Sagnita Kumari wife of Avinash Kumar Mahatho Resident of Panchayat- Gorihar Ward No 1 P.S. Tikapati, District Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Respondent/s :

Md. Raisul Haque (SC-10) For Pvt. Respondent (Respondent No.5) :

Mr. Mithilesh Kumar Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-03-2022 Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) For quashing the order contained in memo no. 55 dated 19.01.2018 issued under the signature of respondent District Programe Officer Purnia where by and where under the complain filed by respondent no.5 was entertained and direction was given to select respondent no.5 as anakanwari sevika

Patna High Court CWJC No.8034 of 2020 dt.03-03-2022 2/3 at Gorirar Panchayat East Ward no.

P.S.

Tikapatti, District Purnia and at the same time the case of the petitioner was rejected for selection on the post of Aganawari Sevika on the ground that the husband of the petitioner was monor at the time of marriage with the petitioner.

(ii) For quashing the order dated 13.03.2020 passed by the district magistrate Purnia in service appeal no.30 of 2018 where by and where under the appeal was rejected.

(iii) For direction up the respondent authorities to consider the case of the petitioner for selection as Anganwari Sevika at ward no.3 Panchayat Goriyar East, Rupoli.

(iv) Any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case be granted to the

Patna High Court CWJC No.8034 of 2020 dt.03-03-2022 3/3 petitioner."

Short question for consideration in the present petition is whether petitioner is eligible for the post of Anganwari Sevika as on 30th August, 2017 or not. One of the condition for rejection of application for Anganwari Sevika is that applicant's mother-in-law should not have been engaged in service. Undisputedly, petitioner's mother-in-law was in service as on 30th August, 2017. Even though petitioner's mother-in-law submitted resignation application on 26.09.2017 and it was accepted on 04.10.2017, what is required to be taken note of for the purpose of eligibility is the last date of submission of application and it is stipulated as 30th August, 2017. In the light of these facts and circumstances, as on 30th August, 2017, petitioner's mother-in-law was in service. Accordingly, petitioner's claim was rightly rejected. Hence, no interference is called for.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.03.2022 Transmission Date NA