Baby Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22138 of 2014 =========================================================== Baby Kumari Wife of Sri Manoj Prasad R/o Village - Jokahan, P.S. - Barouli, District - Gopalganj .... .... Petitioner

Versus

1. The State of Bihar.

2. The Child Development Project Officer, Barouli, Gopalganj.

3. The District Programme Officer, Gopalganj.

4. The Commissioner, Saran Division, Saran Chapra.

5. The Commissioner, Social Welfare Department, Government of Bihar, Patna.

6. Kumari Kajal Singh Wife of Sri Jaswant Patel R/o Village - Jakahana, P.S. - Barauli, District - Gopalganj

7. The District Magistrate, Gopalganj .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Kumar Veerendra Narayan, Advocate For the Respondents : Mr. B.B. Prasad, AC to SC 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 19-06-2018 On the request made by learned counsel for the petitioner, permission is granted to implead the District Magistrate, Gopalganj as respondent no.7 to the writ petition. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has prayed for a direction to the District Magistrate, Gopalganj for taking a final decision and dispose of his representation dated 11.9.2015 (Annexure 10 to the supplementary affidavit).

Brief facts, giving rise to the writ petition, are that the selection of respondent no.6 as Anganwari Sevika was challenged by the petitioner stating that she was having higher marks than respondent no.6. Selection of respondent no.6 was set aside by the

Patna High Court CWJC No.22138 of 2014 dt.19-06-2018 Collector under order dated 24.8.2012 (Annexure 2). Said order dated 24.8.2012 was challenged before the Commissioner, Saran Division, Chapra in Anganbari Appeal No. 344 of 2012 have been affirmed by the Commissioner, Saran Division, Chapra in Anganbari Appeal No. 344 of 2012 by respondent no. 6 which was dismissed by a common order dated 17.1.2015 (Annexure 9 to the supplementary affidavit) holding that the appeal was not maintainable against order of the Collector.

The petitioner is thereafter aggrieved by the fact that the order of the Collector dated 24.8.2012 is not being implemented. To that extent, he has filed a representation dated 11.9.2015 (Annexure 10) by way of supplementary affidavit. In view of limited nature of prayer, the writ petition is disposed of with a direction to the District Magistrate, Gopalganj (respondent no.7) to ensure compliance of his own order dated 24.8.2012. Final order on the representation filed by the petitioner must be passed by a reasoned and speaking order within eight weeks from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) Shashi.

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