Rani Kumari, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17765 of 2021 ====================================================== Rani Kumari, Wife of Ganesh Kumar, Resident of Village-Kaushkipur, P.O.- Madrauni, P.S.-Rangra Chowk, District-Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
2.
The Director, I.C.D.S., Bihar, Patna.
3.
The Divisional Commissioner, Bhagalpur.
4.
The District Magistrate, Bhagalpur.
5.
The Deputy Collector Land Reform, Naugachia, District-Bhagalpur. 6.
The District Programme Officer, Bhagalpur.
7.
The Child Development Officer, Rangra Chowk, Bhagalpur. 8.
The Ladies Supervisor cum Secretary Rangra Chowk, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abdul Wadood, Adv.
For the Respondent/s :
Mr.Prasant Pratap ( GP-2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.i) For issuance of an appropriate writ/writs or direction to the respondents to select/appoint the writ petitioner on the post of Anganwari Sahaika for Kendra No.84 under Kaushkipur Sahoda Gram Panchayat in Rangra Chowk Block, Naugachia Bhagalpur.
Pursuant to advertisement dated 28.07.2018 vide Memo NO. 812 published by the District Magistrate, Bhagalpur for selection of Anganwari Sahaika for aforesaid Kendra No. 84 in Kaushkipur Sahara
Patna High Court CWJC No.17765 of 2021(2) dt.21-02-2024 2/3 Gram Panchayat under Schedule Caste category, the petitioner applied and selected but the respondent Deputy Collector, Land Reform, Naugachia, Bhagalpur cancelled the advertisement and directed the CDPO to inform the higher authority and on this basis respondent CDPO Rangra Chowk cancelled the whole selection process.
ii) Further for a direction to the respondent to quash the proceeding dated 26.12.2020 convened for selection of Sevika/Sahaika for so far selection of Sahaika for Kendra No.84 under Kaushikipur Sahara Gram Panchayat under Rangra Chowk Block, Bhagalpur is concerned.
In the aforesaid meeting the advertisement published by District Magistrate, Bhagalpur for selection of Anganwari Sahaika for aforesaid Kendra has been cancelled without any order of District Magistrate whereby on the objection made by handful people.
Out of 791 total 201 Harijan caste reside in the area but even there the committee cancelled advertisement on the plea that not any backward caste candidate made application.
iii) Further for a direction to the respondent District Magistrate, Bhagalpur to set up an enquiry as to under whose instruction after completion of selection process advertisement was cancelled."
2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks
Patna High Court CWJC No.17765 of 2021(2) dt.21-02-2024 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.
3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U