Vicky Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.511 of 2021 ====================================================== Vicky Kumari, Wife of Priya Ranjan Kumar, Resident of Village Fatehabad, P.S.-Paroo, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director, I.C.D.S., Bihar, Patna.

3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Programme Officer, Muzaffarpur.

5.

The District Magistrate, Muzaffarpur.

6.

The Child Development Project Officer, Block-Paroo, Muzaffarpur. 7.

The Mukhiya, Gram Panchayat Raj Fatehabad, Block-Paroo, Muzaffarpur. 8.

Sima Kumari Wife of Indrajeet Kumar, Resident of Village and P.O.- Fatehabad, P.S.-Paroo, District-Muzaffarpur.

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

For the Petitioner/s :

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

Mr. Sunil Kumar Mandal, SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the Staterespondents. Service of notice to eighth respondent-Sima Kumari is dispensed since no adverse order is passed against her. In the instant petition, petitioner has prayed for the following reliefs:-

Patna High Court CWJC No.511 of 2021 dt.13-01-2022 2/3 "For issuance of a writ in nature of mandamus commanding and directing the respondents authority to not to make appointment of Respondent No. 8 on the post of Anganwari Sevika pursuant to the illegal and arbitrary decision of the Aam Sabha dated 15/9/2020 as she is below in the merit list and has no legal right to be appointed ignoring the claim of the petitioner. So, the decision dated 15/9/2020 may be set aside.

And further for a direction to the Respondents authorities to make appointment of the petitioner on the post of Anganwari Sewika of Mini Anganwari Centre No. 346 of Gram Panchayat Fatehabad Ward No. 14 Block-Paroo, District Village-Fatehabad P.S.-Paroo, District Muzaffarpur as she is fully entitled for appointment on the post of Anganwari Sewika by virtue of the fact that she is at Serial No. 1 of the merit list prepared by the selection Committee for appointment on the post of Anganwari Sewika pursuant to the guide lines-2019.

And/or issue any other appropriate writ/writs, order/orders, direction/directions for which the petitioner may be found legally entitled to for the ends of justice under the facts and circumstances stated here under."

Petitioner is stated to have preferred an appeal before the appellate authority. The appellate authority is hereby directed to decide the petitioner's appeal within a period of four months from the date of receipt of this order after giving due opportunity of hearing to the petitioner and eighth respondent-Sima Kumari.

Patna High Court CWJC No.511 of 2021 dt.13-01-2022 3/3 With the aforesaid observations, the writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A