Rekha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13480 of 2014 ====================================================== Rekha Kumari daughter of Sri Jagdish Prasad resident of village - Sikandarpur P.O. Bahkipur Machhariyawan, P.S. Fatuha District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary, Social Welfare Department, Government of Bihar, Patna 3.

The District Magistrate, Patna, District Patna 4.

The District Programme Officer, Patna District Patna 5.

The Sub - Divisional Officer, Patna City, District Patna 6.

The Child Development Project officer, Fatuha, District Patna 7.

The Block Development Officer, Daniyanwan 8.

The Mukhia, Gram Panchayat Bankipur, Machhariyawan, P.S. Fatuha, District - Patna 9.

Kumari Mamta Sinha, Alias Mamta Devi Wife of Harihar Kumar resident of village - Sikandarpur P.O. Bahkipur Machhariyawan, P.S. Fatuha District - Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhash Ranjan Thakur For the Respondent/s :

Mr.Dhurjati Kr Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-07-2019 Learned Senior counsel appearing for the petitioner submits that the candidature of respondent no. 9 was disqualified for selection as Anganwari Sevika. The issue requires consideration by the District Programme Officer. In view of the provisions contained in the guidelines, the District Programme Officer is the Competent Authority for looking into grievance arising out of selection of Anganwari Sevika. Objection in this regard, regarding maintainability of

Patna High Court CWJC No.13480 of 2014(2) dt.16-07-2019 2/2 the instant proceedings has been raised by the State Counsel. The petitioner therefore may approach the District Programme Officer, respondent no. 4 as regards selection of respondent no.9 is concerned.

Since issue of maintainability has been raised by the State Counsel, the respondent authority should consider the grievance of the petitioner on its merit without raising the issue of delay. In case the petitioner approaches the respondent no. 4 within four weeks, the respondent no. 4 should proceed to dispose of the matter after hearing the parties concerned in accordance with law and without any undue delay by a reasoned and speaking order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) siddharth/- U