Rubi Wazeda Praveen v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.776 of 2014 Arising out of Civil Writ Jurisdiction Case No. 19804 of 2012 =========================================================== Rubi Wazeda Praveen, wife of Mohammad Abdul Wahid, resident of villageAmdabad Paschim Tola, Post- Amdabad, Police Station- Amdabad, DistrictKatihar .... .... Appellant/s

Versus

1. The State of Bihar

2. The Secretary, Social Welfare Department, Patna (Bihar)

3. The Commissioner, Purnia Division, Purnia

4. The District Collector, Katihar

5. The District Programme Officer, Katihar

6. The Child Development Programme Officer, Katihar

7. The Mukhiya, Md. Rafique Alam, Gram Panchayat Uttari Amdabad, DistrictKatihar

8. The Panchayat Secretary, Sri Jamuluddin, Gram Panchayat Uttari Amdabad, District- Katihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant :

Mr. Rabi Bhushan Prasad No. 1, Advocate For the State :

Mr. R. B. Pd. Yadav, AAG 11 with Mr. A. K. Dubey, AC to AAG 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 04-10-2016 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 10th January, 2014 whereby the order passed by the Divisional Commissioner on 4th July, 2012 affirming the order passed by the District Magistrate on 24th January, 2012 was not interfered with.

The District Magistrate has passed an order that there are irregularities in appointment of Anganbadi Sevika in Centre No. 131. Therefore, the selection process was set aside and a direction was issued for fresh selection to the post of Anganbadi Sevika. Such order

Patna High Court LPA No.776 of 2014 dt.04-10-2016 2/2 was affirmed by the Commissioner on 4th July, 2012. The Commissioner has found that though the selection of Anganbadi Sevika was said to have been done on 14th July, 2009 in Aam Sabha but recommendations were sent in September, 2010. The delay in sending the recommendation creates doubt in the proceeding. Since the fresh selection process has been ordered to be conducted to the post of Anganbadi Sevika, we do not find any ground to interfere in the intra-court appeal.

All the candidates, who participated in the earlier selection process, shall be permitted to participate in the fresh selection consequent to the order passed by the Commissioner along with the other eligible candidates and the selection process be completed thereafter in accordance with law.

The Letters Patent Appeal stands dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Anjani/P.Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.10.2016 Transmission Date 06.10.2016