Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12538 of 2023 ====================================================== Rinki Kumari Wife of Munna Kumar Yadav, Resident of Village-Pipra, Ward No-3, P.O.- Padraun, P.S.- Sahodra, District-West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna 2.

The Additional Chief Secretary, Department of Social Welfare, Government of Bihar, Patna.

3.

The Director, I.C.D.S, Government of Bihar, Patna. 4.

The Commissioner, Tirhut Division at Muzaffarpur. 5.

The District Magistrate, West Champaran at Bettiah. 6.

The District Programme Officer (I.C.D.S.), Bettiah,West Champaran. 7.

The Child Development Project Officer (C.D.P.O.), Gaunaha Block, District-West Champaran.

8.

Neeta Kumari Wife of Krishna Sah, The Supervisor, Aanganwari Centers, Gaunaha Block, District- West Champaran.

9.

Jayoti Kumari Wife of Jitendra Kumar Ram, Resident of Village- Pipra, P.0.- Padraun, P.S.-Sahodra, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar, Advocate For the Respondent/s :

Mr.Prasant Pratap ( Gp 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(A) For issuance of an appropriate writ, order or direction for quashing the common order dated 13- 06-2023 (Annexure-12) passed in I.C.D.S.

Revision Case No-28/2022 (Jayoti Kumari) & 29/2022 (Rinki Kumari) by the Commissioner of Tirhut Division at Muzaffarpur whereby revisions filed by

Patna High Court CWJC No.12538 of 2023(2) dt.15-01-2024 2/3 the respondent No-9 namely Jayoti Kumari as well as present petitioner namely Rinki Kumari were dismissed by common order and order dated 18-012022 passed in Anganwari Appeal Case No-38/2019 by the District Programme Officer, Integrated Child Development Services (I.C.D.S.), West Champaran at Bettiah, District- West Champaran has been affirmed with direction to start fresh process as per Letter No- 3953 dated 1008-2021 of I.C.D.S., Directorate, Bihar, Patna as well as Anganwari Sevika/Sahayika Selection Guidelines2019, within one month so that vacancy Anganwari Sevika/Sahayika can be filled up.

(B) For issuance of an appropriate writ, order or direction for quashing the part order dated 18-01- 2022 (Annexure-9) passed in Anganwari Appeal Case No38/2019 by the District Programme Officer, Integrated Child Development Services (I.C.D.S.), West Champaran at Bettiah, District- West Champaran whereby selection/appointment of respondent No-9 namely Jayoti Kumari as Anganwari Sevika for Anganwari Center No-207, Ward No-03, Bajra Panchayat, Block- Gaunaha District- West

Patna High Court CWJC No.12538 of 2023(2) dt.15-01-2024 3/3 Champaran was cancelled and the Child Development Project Officer (C.D.P.O.), Gaunaha Block, District West Champaran was directed to issue fresh advertisement as per departmental guidelines.

(C) For issuance of an appropriate writ, order or direction directing the respondent authorities to appoint present petitioner as Aanganwari Sevika of Ward No-03, Bajra Panchayat, Block- Gaunaha District- West Champaran, on the basis of Merit List published on 12-09-2019, in which petitioner stood at serial No-1."

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 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) Saurav/- U