Alka Rani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4485 of 2016 ======================================================

1. Alka Rani wife of Jitendra Kumar Patel, Resident of village- Pipariya, Purandra, P.S.- Palanwa, District- East Champaran .... .... Petitioner/s

Versus

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

2. The Director, I.C.D.S., Bihar, Patna

3. The District Magistrate, East Champaran, Motihari

4. The District Programme Officer, East Champaran (Motihari)

5. The Sub Divisional Officer, Raxaul, District- East Champaran

6. The Block Development Officer, Raxaul, District- East Champaran

7. The C.D.P.O., Raxaul, District- East Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar, Adv. For the Respondent/s : Mr. Dr. Anshuman- SC14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT 28-02-2018 Learned counsel for the parties are present.

Learned counsel for the petitioner admits to the situation where the petitioner failed to exhaust the alternative remedy available to her to satisfy her grievance as available under the guidelines regulating the appointment of an Anganbari Sevika. It is not in dispute that any grievance arising from a selection process initiated by the State for appointment of Anganbari Sevika has to be raised before a District Programme Officer of the district concerned whose order is appealable before the District Magistrate. The petitioner having failed to take recourse to the remedy so available under the guidelines has approached the Court directly under Article, 226 of the Constitution of India.

Patna High Court CWJC No.4485 of 2016 (2) dt.28-02-2018 2/2 In the circumstances discussed and in view of the alternative remedy so available to the petitioner under the guidelines, the petitioner should first take recourse to the same and it goes without saying that in case the petitioner would avail of the remedy within a period of 6 weeks from today by filing an application before the District Programme Officer, East Champaran together with copy of this order the same would be considered and disposed of in accordance with law by the District Programme Officer after giving opportunity of hearing to the concerned parties including the petitioner.

The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U