Patna High CourtCWJC/14277/2010dismissed

Sunita Kumari @ Sunita Devi v. The State Of Bihar And ORS

2017-07-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14277 of 2010 =========================================================== Sunita Kumari @ Sunita Devi, wife of Sri Dhirendra Kumar Tiwari, resident of Village - Kaji Dohaji, P.S.- Sarai, Distt.- Vaishali .... .... Petitioner

Versus

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

2. The District Magistrate, Vaishali at Hajipur

3. The District Programme Officer, Vaishali at Hajipur

4. Sub-Divisional Officer, Mahua, Vaishali at Hajipur

5. Block Development Officer, Bhagwanpur, Vaishali

6. Child Development Protection Officer. Bhagwanpur, Vaishali

7. Mukhiya, Gram Panchayat Raj Madhopur Mahodat Bhagwanpur, Vaishali

8. Sunita Devi, wife of Rakesh Kumar Singh, R/O Vill.- Dohaji Ramchandra, P.S. Sarai, District - Vaishali .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : AC to SC 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-07-2017 The present writ petition has been filed for quashing the order of the District Magistrate, Vaishali dated 24.05.2010 (Annexure8); and to appoint the petitioner as Anganwari Sevika upon cancelling the appointment of the private respondent no. 8.

2. None appears on behalf of the petitioner despite repeated calls.

3. Learned counsel for the respondents submits that the letter No. 100 dated 15.06.2007 was sent to the petitioner for training as Anganwari Sevika, which was however due to sheer inadvertence and the same ought to have been sent to the respondent no. 8 who bears the same name as the petitioner. The respondent no. 8 had secured 51.28% marks and placed higher than the petitioner with 48.22% marks. Such error was discovered and accordingly the appointment of the petitioner was cancelled.

4. The cancellation was challenged by the petitioner in CWJC

Patna High Court CWJC No.14277 of 2010 dt.24-07-2017 No. 11782 of 2007 which was disposed of on 18.12.2007 granting liberty to the petitioner to file an appropriate representation before the concerned authority. Pursuant to such order, the District Magistrate by his impugned order disposed of the representation of the petitioner, by which the entire selection process of Anganwari Sevika for the concerned centre was cancelled with the observation to start a fresh selection process in accordance with the relevant guidelines.

5. Having regard to the above, this Court does not find any merit in the writ petition, which stands dismissed. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.07.2017 Transmission Date N.A.