Gita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11118 of 2016 ====================================================== Gita Devi W/o Sato Ravidas vill. Maldah, P.S. Barbigha, Distt. - Sheikhpura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Distt. Magistrate, Lakhisarai 3.

The Distt. Programme officer, Lakhisarai 4.

The Child Development Project officer, Barbigha, Lakhisarai 5.

The Panchayat Pramukh Cum Mukhiya, Maldah Gram Panchayat, Block - Barbigha, Distt. - Sheikhpura 6.

Kamla Devi W/o Haso Ravidas vill. Maldah, P.S. Barbigha, Distt. - Sheikhpura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Pd. Singh, Advocate For the Respondent/s :

Mr. Nadeem Seraj, GP-5 Ms. Shalini Mishra, AC to GP- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- "(i) for quashing the letter by which the private respondent No.-6 has been selected on the post of Anganwari Sahayika in arbitrary manners by the respondents.

(ii) for appointment of the petitioner to the post of Anganwari Sahayika in place of Private Respondent No. 6, to which the petitioner is entitled.

(iii) to give other(s) relief(s) to the petitioner which your Lordships may think deem fit and proper."

Patna High Court CWJC No.11118 of 2016(3) dt.15-07-2025 2/2

3. Learned counsel for the State raised preliminary objection and submits that the order impugned herein, dated 20.02.2015, passed by the Collector, Sheikhpura, categorically indicates that the appointment of the present petitioner relates to the Anganwadi Sevika and Sahayika Margdarshika, 2011, under which the remedy does not lie within the jurisdiction of the Collector. According to Rule 10(3) of the Anganwadi Sevika and Sahayika Margdarshika, 2011, the remedy lies within the Divisional Commissioner.

4. Accordingly, the present writ petition stands disposed off, directing the petitioner to avail the remedy before the Divisional Commissioner, as provided under Rule 10(3) of the Anganwadi Sevika and Sahayika Margdarshika, 2011, within 30 days from today.

5. It is made clear that if there is any delay in filing the said revision, the concerned Commissioner is directed to condone the delay and decide the matter within 90 days from the completion of the appearance of all concerned. (Dr. Anshuman, J.) Aman Kumar/- U