Yahmin Praveen @ Yasmin Pravin v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 2407 of 2015 =========================================================== Yahmin Praveen @ Yasmin Pravin W/o Md Mustakin resident of village - Rehmat Ganj, P.O. Masaurhi, P.S. Masaurhi, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner - Cum - Principal Secretary Department of Welfare, Government of Bihar, Patna
3. The Commissioner, Patna Pramandal, Patna
4. The Director Integrated Child Development Scheme, Welfare Department, Government of Bihar, Patna
5. The Collector cum District Magistrate, Patna
6. The Sub Divisional Magistrate, Masaurahi, Patna
7. The Child Development Project Officer, Masaurhi, Patna
8. The Chairman cum Ward Commissioner, Masaurhi, Distt. - Patna
9. Gulshan Ara W/o Md Sultan R/o Daulatpur, P.O. + P.S. Masaurhi, Distt. - Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr Uday Shankar Choudhary For the S t a t e : Mr Binay Kumar, AC to SC X =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 09-07-2018 Heard learne counsel for the petitioner and the respondent-State.
2 Petitioner claims to have been selected for the post of Angan Bari Sevika, Rahmatganj (Kha), Centre Code - 174, Nagar Parishad - Masaurhi in the district of Patna. The same appears to have been challenged before authorities whereafter respondent No 9 came to be selected as Angan Bari Sevika.
3 The petitioner claimed that she was the only person
Patna High Court CWJC No.2407 of 2015 dt.09-07-2018 2/3 eligible for the selection and that selection of respondent No 9 was done in spite of the fact that she was not a resident of the local area and, therefore, her selection was bad in law. 4 It appears that the selection of respondent No 9 has been cancelled by order dated 12.08.2011 passed by the District Magistrate, Patna. Respondent No 9 Gulshan Ara moved the Court of Commissioner by filing her Miscellaneous Appeal Case No 258 of 2011. The Commissioner has refused to interfere with the order passed by the District Magistrate after detailed consideration of the selection process.
5 The order of the Commissioner is of the year, 2013. After a detailed consideration of the issues, the Commissioner has affirmed the District Magistrate's direction for preparing the Mapping Register afresh in accordance with Rules and to ensure selection in accordance with law. The order passed by the District Magistrate has not been challenged by the petitioner.
6 In view of the aforesaid circumstances, there is no occasion for this Court to interfere with the detailed and well considered order passed by the Commissioner dated 02.07.2013 directing for preparation of Mapping Register afresh for conducting the selection proceedings in accordance with law. 7 The writ petition is devoid of any merit and the same
Patna High Court CWJC No.2407 of 2015 dt.09-07-2018 3/3 is dismissed.
(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.2018 Transmission Date NA