Dayawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.484 of 2021 ====================================================== 1.

Dayawati Devi Wife of Prabhunath Singh, Resident of Village - Mathawa, P.O. Dhanauji, Police Station- Pakaridayal, District - East Champaran. 2.

Suman Kumari, Wife of Sri Virendra Pandit, Resident of Village and P.O. - Sisahani, Police Station- Pakaridayal, District - East Champaran. 3.

Shobha Devi @ Sauya Devi, Wife of Vijay Thakur, Resident of Village and P.O. - Harnathpur, Police Station- Pakaridayal, District - East Champaran. 4.

Gudiya Devi, Wife of Mantu Thakur, Resident of Village - Parsa, P.O. and Police Station- Pakaridayal, District - East Champaran. 5.

Savitri Kumari, Wife of Dashrath Thakur, Resident of Village and P.O. - Ajagarwa, Police Station- Pakaridayal, District - East Champaran. 6.

Najma Khatoon, Wife of Sri Jakir Hussain, Resident of Village - Dubarbana, Police Station- Pakaridayal, District - East Champaran. 7.

Sanjiv Devi, Wife of Dinesh Kumar Thakur, Resident of Village and P.O. - Chhapra Bihari, Police Station- Pakaridayal, District - East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director I.C.D.S. Social Welfare Department, Bihar, Patna. 3.

The Collector-cum-District Magistrate, East Champaran, Motihari. 4.

The District Programme Officer, East Champaran, Motihari. 5.

The C.D.P.O. Pakaridayal, District - East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Prashant Pratap, GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(A) A writ in the nature of Certiorari or any other appropriate writ/writs, order/orders, for quashing the order dated

Patna High Court CWJC No.484 of 2021 dt.19-05-2022 2/3 03.09.2019 passed in Misc. Case No. 104 of 2012 by the learned Collector-cum-District Magistrate, East Champaran, Motihari whereby and whereunder the learned Collecotr-cumDistrict Magisrate rejected the prayer of the petitioners and directed the District Programme Officer, East Champaran, Motihari/C.D.P.O. Pakaridayal to proceed afresh under 2011 Guidelines by inviting fresh application incorporating the earlier application and then prepared merit list and complete the process of appointment.

(B) A writ in the nature of Mandamus or any other appropriate writ/writs, order/orders, direction commanding the respondent for the following:-

1. To issue appointment/selection letter to the petitioners in the light of final merit list published on 06.06.2011 through General Meeting (Aam Sabha) and also vide letter containing Memo No. 184 dated 06.06.2011 issued by the C.D.P.O. in favour of Director I.C.D.S. DIO (NIC) Motihari and District Programme Officer, Motihari, East Champaran with regard to the final selection of the petitioners on the post of Anganbari Sevika/Sahayika.

C. To any other relief/reliefs to which the petitioners are entitled for any the Hon'ble Court deems fit and proper."

There is an inaction on the part of the CDPO in not implementing the direction of the District Magistrate in its order for re-advertisement for the post of Anganbari Sevika. Today, learned counsel for the respondents on instruction submitted that on 13.05.2022 the post of Anganbari

Patna High Court CWJC No.484 of 2021 dt.19-05-2022 3/3 Sevika was re-advertised, in that event even though petitioners are over-aged for selection and appointment to the post of Anganbari Sevika with reference to the advertisement stated to have been issued on 13.05.2022.

The concerned selecting and appointing authority are hereby directed to accept the petitioners' application for the purpose of selection and appointment to the post of Anganbari Sevika in view of the fact that petitioners were earlier candidates for the recruitment to the post of Anganbari Sevika. Further, the selecting and appointing authority is hereby directed to complete the process of selection to the post of Anganbari Sevika with reference to the latest advertisement within a period of three months from the date of receipt of this order. With the aforesaid observations, the present writ petition stands disposed off.

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