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Patna High CourtL.P.A/1512/2017dismissed

Vibha Kumari v. The State Of Bihar And ORS

2020-01-08Mr. Justice Hemant Kumar Srivastava,Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 1512 of 2017 In Civil Writ Jurisdiction Case No. 23830 of 2012 ====================================================== Vibha Kumari W/o Ravi Bhushan Prasad Resident of Village - Pepura, P.O. - Saidpur, Dumara, P.S. - Patepur, District - Vaishali. ... ... Appellant

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Principal Secretary, Primary Education, Govt. of Bihar, Patna. 3.

Director, State Pariyojna, Bihar, Education Project Council Shiksha Bhawan, Rashtrabhasha Saidpur, Rajendra Nagar, Patna. 4.

District Education Officer, Vaishali.

5.

District Programme Officer, Surb Shiksha Abhiyan, Vaishali. 6.

Block Education Officer, Vaishali.

7.

Manju Devi W/o Ganesh Rai, R/o Vill. + P.O. - Bordihhaturki, P.S. - Patepur, Distt. - Vaishali.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Ashutosh Ranjan Pandey - Aag-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 4.

08-01-2020 Heard the parties.

The appellant was appointed as Bal Didi in a project initiated on the behest of Central Government, but subsequently the aforesaid project was abolished.

The grievance of the appellant is that the aforesaid project was abolished without adopting legal procedure. The

Patna High Court L.P.A No.1512 of 2017(4) dt.08-01-2020 2/2 appellant challenged the abolition of project by filing a writ petition before this Court, but the learned Single Judge, vide impugned order dated 23-08-2017 passed in C.W.J.C. No. 23830 of 2012, dismissed the writ petition.

We are fully agree with the findings given by the learned Single Judge in the impugned order and the learned Single Judge has rightly observed that the Court cannot compel the authority to continue the project and accordingly, we do not find any ground to interfere into the finding given by the learned Single Judge.

Accordingly, this appeal stands dismissed.

However, if the project in question is revived by the Government and the appellant is found eligible for the aforesaid project, the Government shall give preference to her in appointment matter.

(Hemant Kumar Srivastava, J.) ( Prabhat Kumar Singh, J.) anay U