Rita Kumari @ Rita Sudhanshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.628 of 2019 In Civil Writ Jurisdiction Case No.16284 of 2011 ====================================================== Rita Kumari @ Rita Sudhanshu W/o Late Sukhadeo Prasad Sah Vill.- Mahuwa, Bhargama, Distt.- Araria ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Divisional Commissioner Purnea.

3.

The District Magistrate Araria.

4.

The Deputy Development Commissioner-cum-Chief Executive Officer Araria.

5.

The District Superintendent of Education Araria. 6.

The District Programme Officer Araria.

7.

Rekha Devi W/o Kamleshwari Sah Vill.- Kohwara, Bishanpur, P.s.- Block Raniganj, Distt.- Araria.

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

For the Appellant/s :

Mr. Ashok Kumar Sinha, Sr. Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha (GA7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 14-03-2023 Heard Mr. Ashok Kumar Sinha, learned Senior Advocate for the appellant and Mr. Gyan Prakash Ojha for the State.

The appellant had applied for becoming a Mahila Supervisor from the post of Anganbari Sevikas. She lost to respondent no.7 even though she was senior in

Patna High Court L.P.A No.628 of 2019 dt.14-03-2023 2/2 service to respondent no.7 and had obtained more marks than her because of addition of bonus marks for having served for more than ten years.

It appears that the appellant lost to respondent no.7 as she could not furnish the experience certificate by the C.D.P.O. within time as was promised by her. Left with no alternative, the authorities had to select respondent no.7 who was the next best candidate amongst the applicants.

For this reason, the case of the appellant before the learned Single Judge was rejected and we do not find any reason to interfere with such order. The appeal fails and is thus dismissed.

(Ashutosh Kumar, J) ( Harish Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.03.2023 Transmission Date