Preeti Kumari v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10710 of 2020 ====================================================== Preeti Kumari W/o-Rajeev Kumar, Resident of Village and Post-Mirapur, P.S.-Sakara, Dist.-Muzaffarpur.

... ... Petitioner/s

Versus

1.

State of Bihar through the Principal Secretary, Social Welfare Departement, Govt. of Bihar Patna.

2.

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

The Director, ICDS, Patna.

4.

District Magistrate, Dist.-Muzaffarpur.

5.

The Districrt Programme Officer (Establishment), Dist.-Muzaffarpur. 6.

The Child Development Projenct Officer, Block-Muraul, Dist.-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Shankar Choubey For the Respondent/s :

Kumari Amrita, GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i. For the issuance of appropriate Writ/ Writs Order/Orders, Direction/Directions in the nature of Writ of Mandamus directing and commanding the respondent authorities to select and appoint the petitioner on the post of Aanganbari Sevika in Aanganbari Center no.-100, in ward 10 in Mirapur Panchayat, Block-Muraul, District-Muzaffarpur for which the petitioner applied alongwith all relevant documents and she was figured at Sl no. 1 in the final merit list published by the employment unit but despite that the respondent authorities has arbitrarily and whimsically in colorable exercise of their power has rejected the claim of the petitioner on the basis of the nonsustainable grounds.

Patna High Court CWJC No.10710 of 2020 dt.12-01-2022 2/2 ii. And for the other necessary relief/reliefs on the basis of the facts and circumstances of the case stated and enumerated hereinafter."

3. The concerned respondent is hereby directed to examine as to why the post of Aanganbari Sevika in Aanganbari Center no.-100, in ward 10 in Mirapur Panchayat, Block-Muraul, District-Muzaffarpur has not been filled up, even though petitioner is stated to be ranked at Serial No. 1 in the final merit list.

4. The concerned respondent is hereby directed to proceed to filling up to the aforesaid post in accordance with law. If the petitioner is not otherwise eligible, necessary detailed order shall be passed and communicated to him so as to enable her to challenge her non selection before the Appellate Authority. The aforesaid exercise shall be completed within a period of two months from the date of receipt of this order.

5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date