Khushbu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1562 of 2021 ====================================================== Khushbu Kumari Wife of Sonu Sharma Resident of Village- Mirchaiganj, P.S.- Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
2.
The Director, Integrated Child Development Services (ICDS), Bihar Patna. 3.
The District Magistrate, Nalanda at Bihar Sharif. 4.
The District Programme Officer, Nalanda at Bihar Sharif. 5.
The Child Development Project Officer, Noorsarai, Nalanda. 6.
Smt Soni Kumari Wife of Shri Chandrabhushan Kumar Resident of VillageMirchaiganj, Post- Mirchaiganj, P.S.- Noorsarai, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Prasad, Advocate For the State :
Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-04-2022 Heard learned counsel for the parties.
In the instant petition, petitioner has prayed for the following relief/reliefs:
"This is an application for issuance of a writ in the nature of Certiorari or any appropriate writ's, order's, direction's commanding the Respondents for following reliefsI. For quashing of the order vide memo no. 1029 dated 29-06-20 passed by the District Programme Officer, Nalanda in Second Appeal No. 07/20 where by and where under without given any notice or opportunity for hearing to the petitioner,
Patna High Court CWJC No.1562 of 2021 dt.06-04-2022 2/3 violating the natural justice selection and appointment of the petitioner as Anganbari Sevika for Ward No. 2, Anganbai centre 160, Panchayat - Mamurabad, Block-Noorsarai, District- Naland has been cancelled and direction has been given for appointment to the private respondent after seventh month regularly performing duty.
II. For direction the respondents to immediate reinstate to the petitioner as Anganbai Sevika for Ward No. 2, Anganbai centre 160, Panchayat - Masurabad, BlockNoorsarai, District- Nalanda with all consequential benefits and for other order or direction in the facts and circumstances of the case in the interest of justice."
Petitioner is a candidate for recruitment to the post of Anganbari Sevika. Short question for consideration is whether the petitioner's matriculation certificate obtained through Jharkhand State Open School (Annexure-2) is a recognized institution or not?
Learned counsel for the State-respondents submitted that in the list of recognized Boards/Councils in India-2019, name of the Jharkhand State Open School is not reflected. Further, State-respondents have made correspondence with the Jharkhand Government to get information that whether
Patna High Court CWJC No.1562 of 2021 dt.06-04-2022 3/3 the Jharkhand State Open School is recognized institution or not? The Jharkhand government has sent a report stating that Jharkhand State Open School is not one of the recognized institution.
Learned counsel for the petitioner submitted that in terms of Annexure-1, the Jharkhand State Open School is not listed, therefore, one has to draw inference that Jharkhand State Open School is one of the recognized institution. In the light of the above facts and circumstances, the contention of the petitioner that Jharkhand State Open School is a recognized institution cannot be accepted. Therefore, he is not qualified for the selection and appointment to the post of Anganbari Sevika.
Hence, the writ petition stands dismissed.
(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.04.2022 Transmission Date NA