Raifun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3131 of 2021 ====================================================== Raifun Nesha Wife of Hasanain Alam Resident of Village- Bhagauna, P.S.- Sathi, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, ICDS, Social Welfare Department, Bihar, Patna.

2.

The District Magistrate West Champaran at Bettiah. 3.

The District Welfare Officer Bettiah, West Champaran. 4.

The District Programme Officer Bettiah, West Champaran. 5.

The Child Development Project Officer Narkatiaganj, West Champaran. 6.

The Mukhiya Gram Panchayat Raj, Paroraha, Block- Narkatiyaganj, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-03-2022 Heard the learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:

"1. That this is application for issuance of an appropriate writ, order or direction, particularly in the nature of Mandamus directing the respondents to appoint the writ petitioner on the post of Anganbadi Sevika at Center No. 127 within Gram Panchayat Raj, Parorha, Ward no. 06 BlockNarkatiaganj, District- West Champaran, as her name stands at serial no. 01 in the merit-list."

3. Petitioner is stated to be stood at serial no. 1 in the

Patna High Court CWJC No.3131 of 2021 dt.03-03-2022 2/2 merit list. However, authenticated copy of the material has not been placed on record so as to give a direction to the concerned respondent whether petitioner is entitled to selection and appointment to the post of Anganwari Sevika at Centre No. 127 within Gram Panchayat Raj, Parorha, Ward no. 06, BlockNarkatiaganj, District- West Champaran. In the absence of establishing statutory right, petitioner is not entitled to relief sought in the present petition.

4. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to submit a detailed representation to the Selecting and Appointing Authority to the post of Anganwari Sevika within a period of eight weeks. On receipt of such representation, concerned authority is hereby directed to examine and decide the same within a period of three months from the date of receipt of petitioner's representation. (P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 09.03.2022 Transmission Date