Anand Kishan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16317 of 2021 ====================================================== Anand Kishan Choubey Son of Yatindra Nath Choubey Resident of VillageJarigawan, P.O.- Karahansi, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The Director, Integrated Child Development Service, Social Welfare Department, Government of Bihar, Patna.

3.

The District Magistrate, Buxar.

4.

The District Programme Officer, District- Buxar. 5.

The Child Development Project Officer, Buxar, District- Buxar. 6.

Female Supervisor of Panchayat Karahansi, Buxar, Bal Vikas Pariyojana Buxar, District- Buxar.

7.

Kiran Kumari W/o Halchal Rajak Vill- Jarigawa, P.S.- Karahansi P.S.- Buxar (M), District- Buxar.

8.

Ravita Kumari W/o Sanjay Ram Vill- Jarigawa, P.S.- Karahansi P.S.- Buxar (M), District- Buxar.

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

For the Petitioner/s :

Mr.Anirudh Mishra, Adv.

For the Respondent/s :

Mr. Mirtyunjay Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application on behalf of the petitioner for issuance of a writ of Certiorari to quash the appointment of Respondent no. 7 and 8, who have been illegally appointed on the post of Anganbari Sevika and Sahayika at center Code No.265, ward No. 6, Center Jarigawa Paschim Tola of Panchayat- Karahansi District- Buxar, in violation of all rules and regulation, ignoring the

Patna High Court CWJC No.16317 of 2021(2) dt.24-01-2024 2/2 caste majority and Quorum mentioned in guidelines, rather as a back door appointment has been made without any public notice inviting application of the eligible candidates, which have deprive them from his/her right and opportunity to be considered for appointment, which amounts to illegality as deprived the genuine and eligible candidates for their appointment on the post of Anganbari Sevika/ Sahayika.

Further it is prayed to issue a direction up on the respondent authority to issue public notice and consider the eligible candidates for the appointment on the post of Anganbari Sevika/ Sahayika on the basis of guidelines issued by the Social welfare department Govt. of Bihar."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U