Sakita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17598 of 2021 ====================================================== Sakita Kumari Wife of Sri Pramod Kumar Mandal, Resident of VillageBallikitta, Gram Panchayat-Ballikitta, Ward No.-01, P.S. Amarpur, DistrictBanka. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Divisional Commissioner, Bhagalpur.

4.

The District Programme Officer, Banka.

5.

The District Magistrate, Banka.

6.

The Child Development Project Officer, Amarpur. 7.

Asha Devi, Wife of Sri Dilip Kapri, Resident of Village-Ballikitta, PostKausalpur, P.S.-Amarpur, District-Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Respondent/s :

Smt. Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) To set aside the Order dated 0609-2021 passed by the learned Divisional Commissioner, Bhagalpur, in Miscellaneous (Anganbari) Case No. 24/2020-21 as well as the Order dated 14-09-2020 passed by the learned District Programme Officer (ICDS), Banka, in Misc. (Anganwadi) Case No.

95/2020-21, as the same are not in

Patna High Court CWJC No.17598 of 2021(2) dt.17-02-2024 2/2 conformity with the well-settled laws.

(ii) To direct the Respondent Child Development Project Officer to terminate the private Respondent Asha Devi as Anganwadi Sevika, for the reason that her appointment in unlawful, and further appoint the Petitioner on the said post as she is the most qualified, eligible and lawfully deserving candidate for the same."

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 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