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Patna High CourtMJC/1579/2022allowed

Jaimala Kumari v. The State Of Bihar

2022-11-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No 1579 of 2022 In Civil Writ Jurisdiction Case No 3108 of 2020 ====================================================== Jaimala Kumari Wife of Gambhir Kumar, Resident of Village and P.O.- Ghoghsam Tatma Tola, Ward No. 04, Police Station- Simari, Bakhtiyarpur, District- Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

Director, I.C.D.S. (Integrated Child Development Scheme), Bihar, Patna. 3.

The District Magistrate, Saharsa.

4.

Divisional Commissioner, Saharsa (Koshi Division). 5.

The District Programme Officer, (Anganwari), Saharsa. 6.

The Child Development Project Officer, Simri Bakhtiyarpur, DistrictSaharsa. 7.

Ritu Kumari Wife of Vikash Tati, Resident of Village- Ghoghsam, Ward no. 4, P.S.- Simari Bakhiyarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jitendra Kumar, Advocate For the Opposite Party/s :

Mr Sunil Kumar Mandal, SC III M/s Neelam Kri, Bipin Kr, ACs to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and the respondents.

Petitioner seeks modification of the order dated 05.08.2022 passed in CWJC No 3108 of 2020.

The brief background is that the writ petition was filed assailing the order of the District Programme Officer passed in Angan Bari Appeal Case No 84 of 2019 on

Patna High Court MJC No.1579 of 2022(3) dt.02-11-2022 2/2 03.01.2020. The 2009 Guidelines for selection of Angan Bari Sevika/Sahayika has come into force with effect from 27.05.2019. As per the said Guideline, order of the District Programme Officer was amenable before the Divisional Commissioner and not the District Magistrate. It is under such circumstance that the petitioner seeks modification of the order dated 05.08.2022 passed in the writ proceedings wherein the District Magistrate has been wrongly mentioned in place of Divisional Commissioner in the second page of the order.

The order stands modified to read as Divisional Commissioner in place of District Magistrate as appearing in three places in second page of order dated 05.08.2022. This application stands allowed.

(Madhuresh Prasad, J) M.E.H./- U