Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1983 of 2021 ====================================================== Pramila Devi Wife of Nitesh Paswan, Resident of Village - Mahammad Pur Maksudan, Tola- Dhum Nagar, Ward No. 06, under Gram Panchayat - Parsauni Rais, P.S. and Block - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The District Magistrate, Muzaffarpur.

3.

The District Programme Officer, Muzaffarpur.

4.

The Block Development Officer, Sahebganj, Muzaffarpur. 5.

The Child Development Project Officer, Sahebganj, Muzaffarpur. 6.

Rukhtar Pravin, W/O - Md. Saheb, Resident of Village- Mahammad Pur Maksudan, Tola - Dhum Nagar, Ward No. 06, under Gram Panchayat - Parsauni Rais, P.S. and Block - Sahebganj, District - Muzaffarpur. 7.

Muikhiya Gram Panchayat Raj, Parsauni-Raisi, P.S. and Block - Sahebganj, District - Muzaffarpur.

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

For the Petitioner/s :

Mr. Rakesh Ranjan For the Respondent/s :

Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-05-2022 Heard learned counsel for the respective parties. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i. For issuance of an appropriate writ in the nature of MANDAMUS directing the respondent Authorities to produce the selection letter of private Respondent No. 6 who has been selected and appointed as Anganbari Sevika who has been selected and appointed as Anganbari Sevika in Mini

Patna High Court CWJC No.1983 of 2021 dt.17-05-2022 2/3 Anganbari Kendra Center No. 204 Under Ward No. 06 of Gram Panchayat Parsauni Raisi, P.S.-Sahebganj, District - Muzaffarpur which was reserved for SC / ST Category and in spite of that Respondent No.

6 has been appointed though belong from minority case.

ii. Further, for issuance of writ in the nature of certiorari for quashing the selection order of Private Respondent No. 6 who has got succeeded in her selection ignoring the policy of Reservation.

iii. Further, for direction to the Respondent authority to take appropriate judicious decision over the representation filed by the petitioner."

The petitioner has statutory remedy of appeal before the appellate authority in terms of the relevant guidelines. The petitioner is stated to have filed appeal before the appellate authority, however, copy of the memorandum of appeal is not made available to this Court alongwith the petition copy. Therefore, petitioner is hereby directed to submit one more memorandum of appeal to the appellate authority within a period of eight weeks from today.

Appellate authority is hereby directed to examine the petitioner's appeal and decide the same within a period of

Patna High Court CWJC No.1983 of 2021 dt.17-05-2022 3/3 four months from the date of receipt of petitioner's appeal. In the event of any third party right is likely to be affected, in that event, third party shall be provided an opportunity of hearing. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.05.2022 Transmission Date NA