Patna High CourtCWJC/1918/2016disposed

Vimala Devi @ Vimla Devi v. The State Of Bihar And ORS

2017-09-21Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1918 of 2016 ===========================================================

1. Vimala Devi @ Vimla Devi Wife of Sri Ramdeo Bhagat Resident of Village - Mohinath Nagar, P.S. Beldour, District - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, District - Khagaria

2. The Child Development Project Officer, Beldour, District - Khagaria

3. The Deputy Director, Social Welfare, Bhagalpur Division, District - Bhagalpur

4. The District Welfare Officer, Khagaria

5. The Member of the Selection Committee, Panchayat Mahinath Nagar, P.S. Beldour, District - Khagaria

6. Neeva Kumari Wife of Randhir Kumar Resident of Panchayat Mahinath Nagar, P.S. Beldour, District - Khagaria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Respondent/s : Mr. Santosh Kumar Jha, G.P.3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 21-09-2017 Learned counsel for the parties are present.

The appointment of the petitioner as Anganbari Sevika was cancelled by the Aam Sabha dated 20.1.2003 which decision was challenged by the petitioner before the Collector, Khagaria in Case No. 8 of 2011-12. The Collector, Khagaria in consideration of the matter in contest has vide order bearing Memo No.44/ MU dated 19.11.2011, a copy of which is impugned at Annexure-5 to the writ petition confirmed the cancellation of the appointment inter alia on grounds that the petitioner is not a resident of the village in which the Centre is located.

Patna High Court CWJC No.1918 of 2016 dt.21-09-2017 2/2 Having heard learned counsel for the parties and considering that the cancellation of appointment of the petitioner was on the lack of eligibility and that the petitioner is not resident of the village in which the centre was situated, I am not persuaded to interfere with the order of cancellation more particularly where it took place more than six years back.

The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2017 Transmission Date NA