Usha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2305 of 2015 =========================================================== Usha Kumari, Wife of Sri Arvind Kumar, Resident of Village - Chanka Balat, P.S. Bhairabasthan, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Director, Integrated Child Development Scheme, Bihar, Patna.

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

4. The District Magistrate, Madhubani.

5. The District Programme Officer, Madhubani.

6. The Child Development Project Officer, Jhanjharpur, Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Respondent/s : Mr. Bishwa Bibhuti Kr. Singh, AC to PAAG-1 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 16-12-2016 Heard learned counsel for the parties.

2. The challenge in the present writ application is to the cut-off date of 1.1.2014 fixed in the advertisement for appointment as Anganwari Sevika issued on 19th of December, 2014. The grievance of the petitioner is that fixing of cut-off date prior to inviting applications through the advertisement is arbitrary and not sustainable.

3. We do not find any merit in the argument. Fixing of cut-off date is a policy-decision taken by the employer. If the same

Patna High Court CWJC No.2305 of 2015 dt.16-12-2016 2/2 has been fixed as 1.1.2014, the same cannot be said to be arbitrary only because the advertisement came to be issued subsequently. The petitioner could not point out any statutory Rule or any prohibition in any Circular or otherwise, that date of advertisement should be the cut-off date for applying for the post. In view thereof, we do not find any merit in the present writ application.

4. The present writ application is accordingly dismissed.

(Hemant Gupta, ACJ) (Arvind Srivastava, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.12.2016 Transmission Date N/A