Gitanjali Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12163 of 2015 ====================================================== Gitanjali Kumari Daughter of Birendra Ram, Wife of Pradeep Kumar resident of village - Sarai Tola, P.O. Mustafabad, P.S. - Goreyakothi, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Siwan.

3.

The District Welfare Officer, District - Siwan. 4.

The Sub Divisional Officer, Maharajganj, District - Siwan. 5.

The Block Development Officer, Goreya Kothi, District - Siwan. 6.

Smt. Usha Kumari Wife of Biresh Ram resident of village - Kapiyahat, P.S. - Goreyakothi, District - Siwan.

7.

Smt. Pragya Kumari Daughter of Sri Ashok Ram resident of village - Sareya, P.O. - Mustafapur, P.S. - Goreyakothi, District - Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the State :

Mr.Rajeev Ranjan, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to select/appoint the petitioner on the vacant post of Vikash Mitra in Gram Panchayat Raj -Sarari Dakshin, Block and P.S.- Goreyakothi, DistrictSiwan as she has valid and requisite qualification of Intermediate from Bihar School Examination Board, Patna whereas private respondent no. 6, Smt. Usha Kumari has not valid and requisite

Patna High Court CWJC No.12163 of 2015(3) dt.22-09-2023 2/3 qualification from a recognised institution for selection/appointment as Vikash Mitra, as she has the qualification of Vidya Vinodini, which is not equivalent to Matriculation as per the State Government Notification as well as several decisions of this Hon'ble High Court.

(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to select/appoint the petitioner on the post of Vikash Mitra in Gram Panchayat Raj Sarari Dakshin without any further delay as the merit list has been published on 24.12.2013 in which the name of the petitioner is appearing and she has the requisite minimum qualification from a recognised institution i.e. from Bihar School Examination Board, Patna.

(iii) For issuance of an appropriate writ in the nature of prohibition by restraining the respondent authorities to not select Smt. Usha Kumari as Vikash Mitra as she has not valid and requisite qualification, as she has passed Vidya Vinodini in the year 2011 from Prayag Mahila Vikash Vidyalaya, Allahabad and the certificate of Vidya Vinodini is not equivalent to Matriculation and the same is not valid for selection in the State of Bihar."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.12163 of 2015(3) dt.22-09-2023 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty so sought is granted.

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