Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1753 of 2021 ====================================================== Manisha Kumari Wife of Ravi Sah Resident of Village- Tenduni, P.s.- Kargahar, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna 2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna 3.

The District Magistrate, Rohtas at Sasaram 4.

The District Programme Officer, Rohtas at Sasaram 5.

The Child Development Project Officer, Kargahar, Rohtas 6.

The Mahila Supervisor, Kargahar, Rohtas 7.

Usha (Devi) Kumari Wife of Raj Kamal Paswan, Resident of VillageTenduni, P.s.- Kargahar, District- Rohtas at Sasaram 8.

Shanti (Devi) Kumari wife of Sanjeev Sharma Resident of Village- Tenduni, P.s.- Kargahar, District- Rohtas at Sasaram 9.

Dimpal (Devi) Kumari wife of Santosh Sah Resident of Village- Tenduni, P.s.- Kargahar, District- Rohtas at Sasaram ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Respondent/s :

Ms. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for Respondent Nos. 1 to 6. Service of notice to Respondent Nos. 7, 8 and 9 is dispensed since no adverse order is being passed in the present petition.

Patna High Court CWJC No.1753 of 2021 dt.24-01-2022 2/3

3. Petitioner's counsel to serve copy of the petition to the State counsel.

4. In the instant petition, petitioner has prayed for following reliefs:- "I. That the petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate writ in the nature of certiorari for quashing the entire selection process of Anganbari dated 05.05.2018 for Anganbari Centre Code Tenduni-2, Ward no.

5 under Gram Panchayat-Bakasara, Kargahar, District- Rohtas by which the Respondents no. 9 has been illegally appointed on the post of Anganbari Sewika for Anganbari CentreTenduni on forged and manufactured documents in place of the petitioner.

II. That it is further for issuance of an appropriate writ in the nature of mandamus or any other writ/writs, order/orders, direction/ directions commanding the Respondents to select the petitioner on the post Anganbari Sewika for Anganbari Centre Code- Tenduni-2 under Bakasara Gram Panchayat, P.S. Kargahar, District-Rohtas within a specified period on the ground that the petitioner has requisite qualification as well as she is at serial no. 1 in the merit list, so she is most suitable candidate for the post of Anganbari Sewika for Anganbari Centre Code Tenduni-2 and it is further prays the Respondent D.P.O., Rohtas at Sasaram may be directed to decide the Anganbari Sewika Appeal No. 47/201920, which is pending in the court of learned

Patna High Court CWJC No.1753 of 2021 dt.24-01-2022 3/3 D.P.O. Rohtas at Sasaram since 2018.

III. To issue any other writ(s), order(s), direction(s) as this Hon'ble Court may consider deem and fit in the facts and circumstances of the case."

5. Petitioner has preferred Appeal No. 47/2019-20 and it is pending consideration.

6. Therefore, the appellate authority is hereby directed to decide the aforesaid appeal after due hearing of Respondent No. 7- Usha (Devi) Kumari, Respondent No. 8Shanti (Devi) Kumari and Respondent No. 9 - Dimpal (Devi) Kumari. Aforesaid appeal shall be decided within a period of four months from the date of receipt of this order.

7. With the above observations, the instant petition stands disposed of.

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