Kumari Rani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17500 of 2021 ====================================================== Kumari Rani Yadav wife of Brajesh Kumar Yadav @ Brajesh Yadav resident of Village- Sipaya Khas, Ward No.- 09, P.O./ P.S.- Bishambharpur, DistrictGopalganj ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum- District Magistrate, Gopalganj, District- Gopalganj. 3.

The District Programme Officer, Gopalganj, District- Gopalganj. 4.

The Child Development Programme Officer, Kuchaikote, DistrictGopalganj. 5.

The Female Supervisor, Child Development Programme Office, Kuchaikote, District- Gopalganj.

6.

Sri Binod Mahto Ward Member of Ward No.- 09, Gram PanchayatMatihaniya Kala, Block- Kuchaikote, District- Gopalganj. 7.

Smt. Ranju Devi @ Ranju Kumari wife of Manjesh Ray resident of VillageSipaya Khas, P.O./ P.S.- Bishambharpur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pandit Jee Pandey, Advocate Mr.Nawnit Kumar Tiwary, Advocate Mr. Ramandra Pati Tripathy, Advocate For the Respondent/s :

Mr.Prasant Pratap ( Gp2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2024 The present writ petition has been filed seeking the following relief:- "(i) By issuance of writ in the nature of certiorari, the part of the order dated 08-072021 passed by respondent Anganwari Appeal No.-2 in case No.-1 /2018 (annexure-7 to this petition), dismissing the said appeal as well as affirming the order dated 02-07-2018

Patna High Court CWJC No.17500 of 2021(2) dt.17-02-2024 2/3 passed by respondent No.-3 in Anganwari case No.-61/2018 (annexure-5 to this petition, mentioned as Anganwari Appeal case No. 61 / 2018) as concerned with the petitioner only may be set aside/quashed as being illegal, arbitrary, unjust and against the procedure laid down.

(ii) Further, by issuance of writ in the nature of mandamus, the respondents may be directed to cancel the appointment of private respondent No.7 against the single post of Anganwari Sevika of village-Sipaya Khas, Ward No.-9, Panchayat-Kala Matihaniya, District-Gopalganj and to appoint the petitioner against the said post as Anganwari Sevika of Ward No.- 09.

(iii) The appropriate authority of Respondent No.-1 may be directed to take action against the erring respondents who would be found related and responsible for commitment of mistakes/ illegality in the process of selection of Anganwari Sevika for the centre concerned under the provisions of Clause 12 of the concerned Guidelines, 2016 (annexure-1 to this petition)."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the

Patna High Court CWJC No.17500 of 2021(2) dt.17-02-2024 3/3 petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U