Patna High CourtCWJC/23881/2013disposed

Ume Habiba v. The State Of Bihar And ORS

2016-03-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23881 of 2013 ====================================================== Ume Habiba Daughter Of Md. Sulaiman, Wife Of Md. Omar Farooq Resident Of Village + Post- Sahjauli Panchayat, Prakhand- Ali Nagar, P.S.- Ali Nagar, District- Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar Through The District Magistrate, Darbhanga

2. The Program Officer, Darbhanga

3. The C.D.P.O., Ali Nagar, Block- Ali Nagar, District- Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Md. Shahnawaz Ali For the Respondent/s : Mr. Sanjay Mandal, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is challenging the appointment letter of Samina Khatoon dated 13.2.2014. As per claim of the petitioner, she has applied for Anganbari Sevika for Anganwari Sevika Centre No.130, Sabji Farosh Mohalla, Sahjauli (Mini) Ward No.03. As has been claimed by her that the appointment has wrongly been made of Samina Khatoon whereas she has better marks than her. In terms of Circular dated 17.5.2013 under Clause-10 Sub-Clause 2, the power of appeal has been conferred upon the District Programme Officer and for that the appeal has to be filed

Patna High Court CWJC No.23881 of 2013 (3) dt.11-03-2016 within thirty days. Learned counsel for the petitioner submits that limitation period of thirty days has already been crossed. In that view of the matter, the petitioner, if so advised, may file appeal within a period of thirty days which will be treated by the District Programme Officer that the appeal has been filed within time and will decide the case in accordance with law within a period of three months from the date of filing of appeal by the petitioner. The District Programme Officer, Darbhanga, while deciding the case, will also examine the judgment of this Court in the case of Sunita Kumari Vs. State of Bihar & Ors. reported in 2010(3) PLJR 68.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- U