Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14886 of 2021 ====================================================== Priyanka Kumari W/o Abhimanyu Shukla R/o Village- Kanthi Bathuwa, Ward No. 03, Panchayat- Chamaripatti, P.S. and Block- Phulwariya, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Gopalganj.

3.

The District Programme Officer, Gopalganj.

4.

The Child Development Project Officer, Phulwariya, District- Gopalganj. 5.

The Lady Supervisor, Block- Phulwariya, District- Gopalganj. 6.

Neelam Sharma W/o Shailesh Sharma R/o Village- Kanthi Bathuwa, P.S.- Phulwariya, District- Gopalganj.

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

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2024 The present writ petition has been filed seeking the following reliefs:- "A. For issuance of writ/writs, order/orders in the nature of Certiorari to quash the order dated 29.01.2021 passed in Case No.

02/2020 by the Respondent No. 3, i.e, the District Programme Officer, Gopalganj whereby and whereunder the order dated 09.11.2020 passed in Aanganbadi Appeal No.

01/2020 passed by the Respondent No. 4, i.e, the Child Development Project Officer, Phulwariya was cancelled relating to the appointment of the petitioner on the post of

Patna High Court CWJC No.14886 of 2021(2) dt.24-01-2024 2/3 the Aanganbadi Sevika in Aanganbadi Centre Code - 140 of Ward No. 03 of Gram Panchayat - Chamaripatti, P.S. & Block - Phulwariya, District - Gopalganj and in the said order, direction has been given to issue selection letter to the Private Respondent No. 6, contrary to the Selection Guidelines, 2019 and Reservation Notification of the State Government.

B. For issuance of writ/writs in the nature of Mandamus to direct the respondents to cancel the selection of Private Respondent No. 6 and further to appoint the petitioner on the post of Aanganbadi Sevika in Anganbadi Centre 140 140 (Ward No. 03 of Gram Panchayat Chamaripatti, P.S. & Block Phulwariya, District - Gopalganj) as she fulfill all the required criteria and conditions. As the Private Respondent No. 6, Neelam Sharma is a Bhatt Brahman and she is native of Uttar Pradesh and in Bihar, Bhatt Brahmans are considered as Backward Class. In this regard, speaking order was passed by the Respondent No. 4, the Child Development Project Officer, Phulwariya, District - Gopalganj in Aanganbadi Appeal No. 01/2020 dated 09.11.2020 (ANNEXURE - 5)."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.14886 of 2021(2) dt.24-01-2024 3/3 petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U