Sita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18658 of 2021 ====================================================== Sita Kumari Wife of Ajay Singh, resident of Village-Maraha Ward no.13, P.O. Natwar Semariya, Police Station-Manjhi, District-Saran (Chapra). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.
2.
The Director, I.C.D.S., Social Welfare Department, Govt. of Bihar, Patna. 3.
The Divisional Commissioner, Saran Division, Chapra. 4.
The Collector Cum District Magistrate, Siwan. 5.
The District Programme Officer, Saran at Chapra. 6.
The Child Development Project Officer, Manjhi, District-Saran. 7.
The Ward Member, Ward no.13. Gram Panchayat Raj Maraha, BlockManjhi, District-Saran. 8.
Kiran Kumari, Wife of Laxman Chaudhary, Resident of Village-Maraha Ward no.13, P.O. Natwar4 Semariya, Police Station-Manjhi, District-Saran (Chapra).
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary, Advocate For the Respondent/s :
Mr.S.K. Mandal (Sc3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024 1.
The present writ petition has been filed seeking the following reliefs:- "(I) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondents authorities concerned to select and appoint the petitioner on the post of Anganbari Sevika in Ward no.13 Gram Panchayat Raj Maraha, Block-Manjhi, District-Saran in place of the respondent no.8 as the petitioner belongs
Patna High Court CWJC No.18658 of 2021(2) dt.06-03-2024 2/3 from extremely backward category caste and there is majority of extremely backward category caste and the post is assigned of extremely backward category caste, whereas the respondent no.8 belongs to other backward category caste.
(ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to cancel the selection of the respondent no.8, who has been wrongly selected and appointed on the post of Anganbari Sevika in Gram Panchayat Raj Maraha, Block-Manjhi, District-Saran violating the guidelines issued for selection of Anganbari Sevika as she belongs from other backward category caste, whereas the post of assigned for extremely backward category caste where there is majority of extremely backward category caste.
(iii) For issuance of an appropriate writ in the nature of prohibition by restraining the respondent no.8 from working on the post of Anganbari Sevika in Gram Panchayat Raj Maraha, Block-Manjhi, District- Saran, who has been wrongly selected on the post of Anganbari Sevika violating the norms for selection of Anganbari Sevika in collusion with the respondent no.6.
Patna High Court CWJC No.18658 of 2021(2) dt.06-03-2024 3/3 (iv)For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to pass an appropriate and speaking order on the representation of the petitioner."
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.
3.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) kanchan/- U