Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10139 of 2020 ====================================================== Usha Kumari Wife of Shyam Paswan Resident of Village- Banua, Turki Khararo, Turki Khararu, Anchal- Minapur, P.S.- Minapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Muzaffarpur.

4.

The Sub Divisional Officer, East Muzaffarpur. 5.

The District Programme Officer, Muzaffarpur.

6.

The Child Development and Project Officer, Minapur, Muzaffarpur. 7.

Kiran Kumari Wief of Nitesh Kumar Resident of Village- Banua, Turki Khararo, Turki Khararu, Anchal- Minapur, P.S.- Minapur, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Respondent/s :

Mr. Lalit Kishore (Ag) :

Md. Raisul Haque, SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Service of notice to 7th Respondent is dispensed.

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

"i) For a direction upon the concerned respondent authorities to consider the application-cum-objection of the petitioner dated 13-05-2020 in terms of Rule 10.2 Anganwadi Sevika/Shahayika Guidelines, 2006 as amended, as the petitioner possess all requisite criteria, placed at Serial No. 1

Patna High Court CWJC No.10139 of 2020 dt.07-01-2022 2/2 in the merit list and was duly selected by the Aam sabha held on 05-09-2019 for the post of Anganwadi Sevika for Ward No. 13, Panchayat Ranikhaira but inspite thereof respondent authorities in connivance given appointment letter to the private respondent namely Kiran Kumari who was placed as Serial No. 2 in the merit list.

ii) For any other relief/reliefs for which petitioner may be deemed entitled too."

4. The petitioner is stated to have preferred an appeal/representation before the Respondent No. 3- The District Magistrate, Muzaffarpur in respect of selection and appointment of 7th Respondent and non selection of petitioner.

5. The District Magistrate, Muzaffarpur is hereby directed to take a decision of the petitioner's representation/appeal after giving ample opportunity of hearing to the 7th Respondent. Such a decision shall be taken within a period of three months from the date of receipt of this order.

6. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 14.01.2022 Transmission Date