Munni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12249 of 2021 ====================================================== Munni Kumari Wife of Ranjan Kumar Resident of Vilalge-Milkdevan, P.S.- Kadirganj, Dist.-Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Scheme (I.C.D.S.) Directorate, Department of Social Welfare, Government of Bihar. Patna. 3.

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

4.

The District Magistrate, Patna.

5.

The District Programme Officer, Patna.

6.

The Child Development Project officer, Dhanarua, Patna. 7.

The Lady Supervisor, Block Dhanarua, Patna, Department of Social Welfare, Government of Bihar, Patna.

8.

The Ward Member-Cum-Chairman, Selection Committee, Ward No.05, Gram Panchayat Raj Deva, Falling Within Dhanarua Block of Patna District 9.

Shashibha Kumari Wife of Bijendra Kumar Resident of Village Milkdevan, P.S.Kadirganj, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nityanand,, Adv.

For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(A) A writ in the nature of Certiorari or any other writ/s, order/s, direction/s for the followings:- (i) For quashing the order dated 12.06.2020, passed in Anganwari Appeal Case No. 01/2020, by the Child Development Project Officer, Dhanarua, Patna, by which selection of the petitioner for the post of Anganwari Sevika, of Mini Anganwari

Patna High Court CWJC No.12249 of 2021(2) dt.30-11-2023 2/3 Centre, Milkdevan, having Centre Code No. 268, falling within Gram Panchayat Raj, Devan of Dhanarua Block, District: Patna, has been cancelled and Shashibha Kumari, respondent no. 9 was ordered to be selected for the said post, following the due process.

(ii) For cancelling the selection of the respondent no. 9, Shashibha Kumari, for the post of Anganwari Sevika, of Mini Anganwari Centre, Milkdevan, having Centre Code No. 268, falling within Gram Panchayat Raj, Devan, in Dhanarua Block of Patna District.

(B) A writ in the nature of Mandamus or any other writ/s, order/s, direction/s, for issuance of directions to the respondents for the following (i) To appoint the petitioner on the post of Anganwari Sevika, of Mini Anganwari Centre, Milkdevan, having Centre Code No. 268, in Gram Panchayat Raj, Devan within Dhanarua Block of Patna District.

(ii) To hold that the selection of the petitioner for the post of Anganwari Sevika, of Mini Anganwari Centre, Milkdevan, having Centre Code No. 268, falling within Gram Panchayat Raj, Devan, in Dhanarua Block of Patna District, is legal and done in accordance with law.

(iii) To treat the petitioner as Anganwari Sevika of Mini Anganwari Centre, Milkdevan, having Centre Code No. 268, falling within Gram Panchayat Raj, Devan, in Dhanarua Block of Patna District, since

Patna High Court CWJC No.12249 of 2021(2) dt.30-11-2023 3/3 the date of her selection, i.e 12.02.2020.

(iv) To hold that the selection of respondent no. 9, Shashibha Kumari, for the post of Anganwari Sevika of Mini Anganwari Centre, Milkdevan, having Centre Code No. 268, falling within Gram Panchayat Raj, Devan in Dhanarua Block of Patna District is illegal and without jurisdiction."

2. At the outset, the learned counsel for the petitioner has made a limited prayer to the extent that an appropriate direction be issued to the Appellate Authority, i.e. the District Programme Officer, Patna to dispose off the appeal filed by the petitioner, bearing Anganwari Appeal Case No.1 of 2020.

3. Having regard to the limiter prayer made by the petitioner in the present case, I deem it fit and proper to direct the District Programme Officer, Patna to consider the aforesaid appeal filed by the petitioner, in accordance with law and dispose off the same, in case the same has not yet been disposed off, by passing a reasoned and a speaking order, within a period of eight weeks of receipt/production of a copy of this order.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U