Madhu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8213 of 2022 ====================================================== Madhu Kumari W/o Sri Rahul Kumar R/o- Village- Maheshkhor, Ward No.- 03, P.S.- Sanokhar, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary Social Welfare Department, State of Bihar, Patna. 3.

The District Magistrate Bhagalpur, District- Bhagalpur. 4.

The District Programme Officer District- Bhagalpur. 5.

The Child Development Programme Officer, (C.D.P.O.) Block- Sanhaula, at Sanhaula, Dist.- Bhagalpur.

6.

The Lady Supervisor Child Development Programme Office, Sanhaula, at Sanhaula, Dist.- Bhagalpur.

7.

Smt. Gunjan Kumari W/o Sri Rahul Kumar R/o Village- Maheshkhor, Ward No.- 03, P.S.- Sanokhar, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Prasant Pratap ( GP- 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2024 The present writ petition has been filed seeking the following reliefs:- "1. i. For declaring void-ab-intio the order dated 26/12/2021 passed in Misc. (Anganwadi) Appeal Case No.

210/19-20 passed by the Respondent No. 4 having without jurisdiction to hear the matter by virtue of Rule 11 and 12 of Margdarshika, 2019 issued and duly conveyed under "Memo ICDS/40010/10-2017 286/Mu dated

Patna High Court CWJC No.8213 of 2022(2) dt.09-01-2024 2/3 27/05/2019" issued by the State Programme Head, the Department of Social Welfare (ICDS Directorate) Patna, Govt. of Bihar.

ii. For issuing show cause to the Respondent No. 4 as to why the office concerned had passed the order dated 26/12/2021 passed in Misc (Anganwadi) Appeal Case No.

210/19-20 after enforcement of above said notification.

iii. For declaring the order 26/09/2019 issued vide Memo No.

2573, Dist. Pro Bhagalpur dated 26/09/2019 passed by Respondent Authority No. 4 as valid and final in the matter in issue of selection between the Petitioner and private Respondent No. 7.

iv. For issuing direction to the Respondents No. 3, 4 & 5 to extend their administrative assistance /guidance to adopt the due process of selection / appointment of the petitioner for the post of Anganwadi Sevika in Sanokhar Panchayat, Ward No. 03, at Centre No. 138, Block Sanhaula without fail within stipulated time frame."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.8213 of 2022(2) dt.09-01-2024 3/3 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 suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U