Krishna Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10417 of 2020 ====================================================== Krishna Kumari Wife of Shree Chunnu Kumar, C/o Radho Prasad Singh, resident of Village - Kalyanpur, P.O.- Jamin Mathiya, Ward No. 5, P.S.- Minapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S., Government of Bihar, Patna. 3.

The Divisional Commissioner, Muzaffarpur.

4.

The District Magistrate, Muzaffarpur.

5.

The District Programme Officer, ICDS, Muzaffarpur. 6.

The Child Development Officer, Minapur, District - Muzaffarpur. 7.

The Mahila Supervisor, Minapur, District - Muzaffarpur. 8.

Shushma Kumari, Wife of Sanjay Kumar Sah, resident of Village - Kalyanpur, P.O.- Jamin Mathiya, Ward No. 5, P.W. Minapur, District - Muzaffarpur.

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Respondent/s :

Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-03-2021 The present writ petition has been filed seeking the following reliefs:- "(i) To issue a writ in the nature of mandamus directing the respondents to inquire into the illegality committed in the selection of this private respondent by disposing of the application of the petitioner pending

2/4 since 21.11.2019 wherein petitioner has assailed the appointment of the private respondent no. 8 hereof on the post of Anganbari Sevika at ward no. 5 of Jamin Mathiya Panchayat, Block Meenapur, District-Muzaffarpur.

Petitioner has submitted application / objection before C.D.P.O./D.P.O. and D.M., Muzaffarpur, which are still pending.

(ii) To direct the respondents 1d.

D.P.O./D.M. to hear the case of petitioner and private respondent and pass an order of cancellation of illegal selection and appointment of private respondent no. 8. And in her place petitioner may be selected and appointed in accordance with merit and legal formalities.

(iii) To direct the respondents to enforce the selection process in accordance with the Guidelines 2019

3/4 stipulated for the selection and appointment of Anganbari Sevika.

(iv) To restrain the respondent from adopting arbitrary and prejudiced process in the selection of Anganbari Sevika in the said Panchayat."

The learned counsel for the petitioner has, at the outset, submitted that the petitioner has agitated her grievance by filing representation before the Child Development Project Officer, Minapur, Muzaffarpur, District Programme Officer, ICDS, Muzaffarpur and the District Magistrate, Muzaffarpur, which are annexed as Annexure-4 series to the present writ petition, however, no action has been taken by the authorities.

The learned counsel for the petitioner submits that the District Programme Officer, ICDS, Muzaffarpur be directed to consider the representation of the petitioner and dispose of the same within a stipulated time frame.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to

4/4 approach the District Programme Officer, ICDS, Muzaffarpur and in case, appropriate representation is filed within a period of four weeks from today, the same shall be disposed of by the District Programme Officer, ICDS, Muzaffarpur, on merits and in accordance with law, after hearing the affected parties, within a period of twelve weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U