← Library
Patna High CourtCWJC/11933/2023dismissed

Meera Kumari v. The State Of Bihar

2024-01-02Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11933 of 2023 ====================================================== Meera Kumari Wife of Surendra Mandal @ Surendra Kumar Mandal, resident of village and Gram Panchayat - Dubiyahi, Ward No. 16, Anchal and P.S. - Pipra, District - Supaul.

... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S., Department of Social Welfare, Government of Bihar, Patna.

3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate, Supaul.

5.

The District Programme Officer, I.C.D.S., Supaul. 6.

The Block Development Officer, Supaul.

7.

The Child Development Project Officer (C.D.P.O.), Pipra, District - Supaul. 8.

Juli Kumari, wife of Ashok Kumar, resident of village and Gram Panchayat - Dubiyahi, Ward No. 16, P.S. - Pipra, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Respondent/s :

Mr.Prasant Pratap ( Gp 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2024

1. The present writ petition has been filed seeking the following reliefs:- "1(i) A certiorari setting aside the order dated 09.06.2023 passed by the Divisional Commissioner, Koshi Division, Saharsa (Respondent No.3) in Anganbari Revision Case No. 90/2022 by which he was pleased to close/drop the proceeding of Anganwabi Revision Case No.90/2022 on the ground of maintainability, observing therein the selection process relates to the guidelines of the year 2016 and

Patna High Court CWJC No.11933 of 2023(2) dt.02-01-2024 2/3 the same is not maintainable in the light of letter No. 1780 dated 05.03.2020 issued by the Director, I.C.D.S., Department of Social Welfare, Bihar, Patna.

(ii) A further certiorari for setting aside the order dated 21.06.2022 passed by the District Officer-cumCollector, Supaul in Anganbari Appeal Case No. 16/2021 (Juli Kumar V/s The State of Bihar & others) by which the Respondent Collector, Supaul has been pleased to set aside the order dated 18.06.2021 contained in Memo No.827 passed by the District Programme Officer (I.C.D.S.), Supaul cancelling the illegal selection of Private Respondent No.8 Juli Kumari and directed to appoint the petitioner on the post in question in Anganbari Case No. 38/2019.

(iii) A Mandamus commanding and directing the Respondents concerned to appoint the petitioner as Anganbari Sevika at Centre No.225 under Ward No. 16 of Dubiyahi gram panchayat, Anchal + P.S.- Pipra, District- Supaul by cancelling appointment and removing the Private Respondent selected and appointed in a very illegal and dishonest manner despite the petitioner being eligible in all aspect and being higher in merit list than the Private Respondent."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks

Patna High Court CWJC No.11933 of 2023(2) dt.02-01-2024 3/3 liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a 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