Samina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7994 of 2022 ====================================================== Samina Khatoon Wife of Md. Tanveer Alam Resident of Village- Raghuni Chak, Police Station- Mansahi, District- Katihar. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Purnia Division, Purnia. 3.

The District Magistrate, Katihar.

4.

The District Programme Officer, Katihar.

5.

The Child Development Probation Officer, Mansahi, Katihar. 6.

The Mukhiya Gram Panchayat Raj, Marangi, Block- Mansahi, PS- Mansahi, District- Katihar.

7.

President, Selection Committee, Anganbari, Marangi Panchayat cum Ward Member, Ward No.3, Raghuni Chak, PS- Mansahi, District- Katihar. 8.

The Secretary, Selection Committee, Anganbari cum Woman Supervisor, Anganbari, Marangi Panchayat, Block- Mansahi, PS- Mansahi, DistrictKatihar. 9.

Shabnam Khatoon Wife of Mubarak Resident of Village- Raghuni Chak, PSMansahi, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ in the nature of certiorari setting aside the order dated 09.02.2022, passed in Anganbari Revision No.38/2020, passed by the Divisional Commissioner, Purnea whereby and whereunder he has been pleased to set-aside the order dated 18.01.2020, passed in Anganbari Appeal No.66/2018, passed by the District Programme

Patna High Court CWJC No.7994 of 2022(2) dt.03-01-2024 2/2 Officer, Katihar whereby he has been pleased to cancel the appointment of private respondent No.9, Shabina Khatoon and further be pleased to direct the CDPO Mansahi to fill up the vacant post of Sevika, Anganbari Center 85, Raghuni Chak within ward no.3 Marangi Panchayat as per departmental guidelines and the same was communicated to all concerned respondents through memo no.85, dated 22.01.2020.

(ii) For issuance of further writ in the nature of mandamus directing the respondents to forthwith appoint the petitioner on the post of sevika as she fulfills all the criteria including that of highest marks amongst the candidates."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U