Shweta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3545 of 2016 ======================================================

1. Shweta Devi W/o Shri Jagan Prasad Resident of Ward no. 1 villageKharkatwa, Po+P.s Ramgarhwa, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate-cum-Collector, East Champaran at Motihari.

3. The District Programme officer, East Champaran Motihari.

4. The Sub-Divisional Officer-cum-chariman, Child development Project Raxaul, District East Champaran.

5. The Secretary, Social and welfare Department , Bihar, Patna.

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

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

8. The Child Development Project Officer, Ramgarhwa, District East Champaran, Motihari.

9. The Mukhiya , Panchayat Raj, Dhanhar Dihuli P.s Ramgarhwa, District East Champaran Motihari.

10. The Panchayat Secretary, Panchayat Raj Dhanhar Dihuli P.s Ramgarhwa District East Champaran Motihari.

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

For the Petitioner/s : Mr. Shree Prakash Srivastava, Adv. For the Respondent/s : Mr. Arvind Kumar No. 1- SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-02-2018 Heard Mr. Shree Prakash Srivastva, learned counsel for the petitioner and Mr. Syed Md. Nazbul Bari, A.C. to S.C.20 for the State.

While the petitioner is aggrieved by the authorities under the guidelines regulating the appointment of Anganbari Sevika/ Sahayika in not completing the process so initiated for appointment of Anganbari Sevika Centre No.1 Kharkatwa, Ramgarwa, District East Champaran, a counter affidavit is filed admitting the position at paragraph 5. It is stated that although 2

Patna High Court CWJC No.3545 of 2016 (2) dt.05-02-2018 2/2 Aam Sabha was held on 29.11.2013 and 9.8.2014 but was not successful in selecting a suitable candidate. It is further mentioned at paragraph 6 that since in the meanwhile the new guidelines have come into force which inter alia provides that if the process is not completed within one year of advertisement, it would be put at rest and a fresh process would be initiated.

Having heard learned counsel for the parties and considering that a decision has been taken to initiate the process for appointment afresh in view of the guidelines in force dated 9.8.2015 placed at Annexure-6 to the writ petition, let process be accordingly initiated for fresh appointment and the District Magistrate cum Collector, East Champaran shall take expeditious steps in that direction within a period of 3 months from the date of receipt production of a copy of this order. The petitioner if fulfilling eligibility criteria would be at liberty to participate in the same.

The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U