Prema Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10169 of 2024 ====================================================== Prema Kumari, Wife of Bajranj Yadav, Resident of South Kasraur via Biraul, Anchal- Gaura Bauram, P.S. Ghanshyampur, District- Darbhanga, Pin code847203. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.
2.
The Director, ICDS, Government of Bihar, Patna. 3.
The Collector, Darbhanga, District-Darbhanga. 4.
The District Programme Officer, Darbhanga.
5.
The Child Development Project Officer, Gaura Bauram, Darbhanga. 6.
The Chairman, Selection Committee of Aaganbari Savika/ Sahaika for Gram Panchayat Raj, Kasraur Belwara for centre no.146. 7.
Indu Devi Wife of Rajesh Kumar Yadav Resident of Village and P.O.-South Kasraur, Ward No.8, Block and Circle-Gaura Bauram, P.S.- Ghanshyampur, District-Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushalesh Choudhary, Advocate For the Respondent/s :
Mr.Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner has filed the present petition with the following relief/s :- "(i) For issuance of an appropriate writ(s)/Rule(s)direction(s) in the nature of mandamus commanding the concerned respondents to consider the case of the appointment of the petitioner to the post of
Patna High Court CWJC No.10169 of 2024(2) dt.11-07-2024 2/3 Aanganbari Sebika, in centre no.146 at Gram Panchyat-Raj Kasraur Belwara, Village & P.O.- Kasraur, Block and Circle- Gaura Bauram, P.S.- Ghanshyampur, District-Darbhanga, in place of respondent no.6 Indu Devi, who has wrongly been appointed to the post of Aanganbari Sevika, ignoring the provisions stated under Rule 3 and 4 of the Aanganbari Sevika/Sahayika selection guidelines, 2016 issued vide file no.
ICDS/30010/01-2011-990 dated 05.04.2016/ which is strictly prohibited the selection of such candidates, whose close relatives is employed in the government job and getting the salary more than 12000/- (ii) For issuance of direction to the concerned respondents for cancellation of selection of respondent no.6, who has wrongly been selected to the Aanganbari Sevika, ignoring the relevant provisions of the Aanganbari Sevika/Sahayika selection guidelines 2010-11 and 2016."
3. After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to avail the remedy under the Margdarshika for Appointment of Aanganbadi Sevika and Sahayika applicable in the case of the petitioner.
4. In the light of the submissions made by the counsel
Patna High Court CWJC No.10169 of 2024(2) dt.11-07-2024 3/3 for the petitioner, this writ petition is permitted to withdraw with liberty to the petitioner that he shall move under the relevant Margdarshika for Appointment of Aanganbadi Sevika and Sahayika within 30 days from the date of the order. It is made clear that in case of filing the application under the appropriate provision, the concerned authority shall pass final order within 90 days from the date of securing the appearance of the parties.
5. With the aforesaid observation and direction, the writ petition stands disposed off.
(Dr. Anshuman, J) Ashwini/- U