Smt. Baby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9684 of 2020 ====================================================== Smt. Baby Kumari wife of Sudhir Kumar Manjhi, Daughter of Munna Manjhi, Resident of Village - Masadhi Ward No. 9, P.S. - Gaurichak, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Driector Child Development Project, Government of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The District Program Officer, Patna.

4.

The Child Development Project Officer, Fatuah Daniyawa, District - Patna. 5.

Malti Devi, Wife of Manish Kumar, resident of Village- Masadhi, P.S. - Gaurichak, District- Patna.

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

For the Petitioner/s :

Mr.Vijay Kumar Mishra, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Service of notice to fifth respondent is dispensed since no adverse order is passed against her.

Mr. Gyan Prakash Ojha, GA 5, learned State Counsel accepts notice for State-respondents. Learned counsel for the petitioner is hereby directed to furnish two set of writ papers to learned State Counsel within two days.

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

Patna High Court CWJC No.9684 of 2020 dt.07-01-2022 2/3 "For issuance of direction to the Respondents to select the petitioner as Anganbari Sevika for Ward No. 09 under Village Panchayat-Musadhi Panchayat under Fatuah Daniyawa Block District Patna who comes from majority Group and the top of the merit list which selection was ignore on the false ground that her Matriculation Certificate is of Board of Higher Secondary Education, Delhi and is invalid but truth is that she has passed the Matriculation from Central Board of Higher Secondary Education, Delhi which is valid Board as also certified by the Headmaster of the School and Respondent No. 2 Tanuja Kumari has been selected as Anganbari Sevika."

Short question for consideration in the present petition is petitioner's selection to the post of Anganbadi Sevika for Ward No. 09 under Village Panchayat-Musadhi Panchayat under Fatuah Daniyawa Block District Patna is stated to have been rejected on the score that petitioner is stated to have furnished Matriculation certificate from Central Board of Higher Secondary Education, Delhi and it is not valid or recognized. In this regard, petitioner is stated to have submitted representation on 25.06.2020 (Annexure4). The concerned respondent is hereby directed to redress the grievance of the petitioner pursuant to the representation dated 25.06.2020. In the event of authority deciding the matriculation certificate produced by the petitioner is valid in such circumstance

Patna High Court CWJC No.9684 of 2020 dt.07-01-2022 3/3 the selected and appointed candidate shall be given an opportunity of hearing.

The above exercise shall be completed within a period of three months from the date of receipt of this order. With the aforesaid observations, the present petition stands disposed off.

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