Soni Kumari v. The State Of Bihar Through The Director, I.C.D.S.,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15322 of 2021 ====================================================== Soni Kumari Wife of Mukul Kumar Resident of the Village - Phokhraira, P.O. - Kushi, P.s. - Kanti and the District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Director, I.C.D.S., New Secretariat, Govt. of Bihar, Patna.
2.
The District Magistrate, Muzaffarpur.
3.
The District Programme Officer, I.C.D.S., Muzaffarpur. 4.
The Child Development Officer, Kanti Block and Anchal, P.O. and P.S. - Kanti and the District- Muzaffarpur.
5.
The Lady Supervisor, Godai Phulkahan Panchayat, Village - Pokhraira, Ward No. 01, Anganbadi Centre No. 277 under the Kanti Block and Anchal of the District - Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Shankar Prasad Yadav, Advocate For the Respondent/s :
Mr. S. K. Mandal (SC-3) Ms. Neelam Kumari, AC to SC-3 Mr. Bipin Kumar, AC to SC-3 Mr. Ravi Raman Kumar Singh, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:-
Patna High Court CWJC No.15322 of 2021 dt.06-01-2022 2/3 "To direct all the respondents in general and the respondents No. 03 to 05 in particular to further proceed into the PROCESS OF SELECTION AND APPOINTMENT of hers who has been provisionally selected for the post of Anganbadi Sevika t the centre No. 277 situated in the Ward No. 01 of the villagePolkhraira under Godai Phulkahani Panchayat of the District-Muzaffarpur. Due to no further proceeding since 18.01.2019 in the process of appointment, the meritoriously selected petitioner has got aggrieved, and has preferred the present application to this Hon'ble Court for needful"
The concerned respondent, i.e., selecting and appointing authority is hereby directed to examine whether petitioner is entitled to be selected and appointed to the post of Anganbadi Sevika at the Centre No. 277 situated in the Ward No. 01 of the Village-Pokhraira under Godai Phulkahani Panchayat of the District-Muzaffarpur or not?
Since there is an inaction from January, 2019 in not finalizing the process of selection and appointment. Such proceeding shall be completed within a period of one month from the date of receipt of this order.
At this juncture, learned counsel for the respondents submitted that it is stated to have filed counter affidavit and it has not been tagged. In the counter affidavit, specific document has been placed on record to the extent that petitioner is not eligible for appointment.
Patna High Court CWJC No.15322 of 2021 dt.06-01-2022 3/3 In view of the latter development the aforesaid direction is not warranted. Petitioner is at liberty to question the validity of the order produced along with the counter affidavit. With the aforesaid observations, the present petition stands disposed off.
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