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Patna High CourtCWJC/18709/2021dismissed

Poonam Kumari @ Poonam Devi v. The State Of Bihar

2024-03-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18709 of 2021 ====================================================== Poonam Kumari @ Poonam Devi Wife of Arvind Kumar, Daughter of Phulchand Paswan, Resident of Belthan, ward no. 18, P.S.- Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Bakhtiyarpur. 2.

The Director of Integrate Child Development Services Patna. 3.

The District Programme Officer, Patna.

4.

The Child Development Project Officer Bakhtiyarpur, District - Patna. 5.

The Supervisor, Bakhtiyarpur, District - Patna. 6.

The Ward Councellor Ward no. 18 Village Belthan, P.S. Bakhtiyarpur, District - Patna.

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the State :

Mr. Md Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ in the nature of mandamus commanding and directing the respondent authorities to appoint the Petitioner on the post of Aagnwari Sevika in ward no.18 under Aaganwari Centre no.133 Madhopur, Kust Aashram Bakhtiyarpur as the admittedly got her name at serial no. 1 not only but even single candidate in the merit list under the scheduled caste category among the applicant for the post of

Patna High Court CWJC No.18709 of 2021(2) dt.06-03-2024 2/3 Aaganwari Sevika under the Aagnawari Centre no. 133 in Belthan ward no. 18.

(ii) For further direction to the Respondent authorities not to make process of fresh appointment in the Ward no.18 as the Child Development Project Officer concern despite of all the official instruction is going to shift the appointment process as afresh on the pretext of time lapsed.

(iii) For further direction to the respondent authorities to take decision for the appointment of the Petitioner as Aaganwari Sevika in the ward No. 18. Centre no.133 namely Madhopur Kust Aasharam as the same is lying vacant due to dereliction of duty on the part of Child Development Project Officer who is not complying the order issued by her Superior Officer."

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 of competent jurisdiction. Liberty, so sought, is granted.

Patna High Court CWJC No.18709 of 2021(2) dt.06-03-2024 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U