Amala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13039 of 2024 ====================================================== Amala Kumari Wife of Laxmi Safi Resiodent of Village-Lakshminiya, P.O.- Chhajna, P.S.-Laukahi, Chhojrena, District-Madhubani, PIN Code-847108. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Government of Bihar, New Secretariat, Patna. 3.

The Secretary, Social Welfare Department, New Secretariat, Patna. 4.

The Director, Department of Social Welfare Department, Darbhanga. 5.

The Deputy Director, Department of Social Welfare Darbhanga. 6.

The Assistant Director, Department of Social Welfare Darbhanga. 7.

The Divisional Commissioner, Darbhanga.

8.

The District Magistrate, Madhubani.

9.

The Child Development Project Officer, Ghoghardiha, Madhubani. 10.

The Sub Divisional Officer, Fulparas, Madhubani. 11.

The Distrit Welfare Officer, Madhubani.

12.

The Deputy Development Commissioner, Madhubani. 13.

The District Programme Officer, Madhubani.

14.

Rekha Kumari Wife of Shrawan Ram Resident of Village-Lakshminiya, P.O.-Chhajna, Police Station-Laukahi, Chhojrena, District-Madhubani, PIn Code-847108.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Sunil Kumar Mandal, SC- 3 Mr. Bipin Kumar, AC to SC- 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2024 Head learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (i) For that the petitioner

Patna High Court CWJC No.13039 of 2024(2) dt.02-09-2024 2/3 may be selected as Anganwari Sevika at the place of Respondent No. 14 (Rekha Kumari) at Anganwari Centre No. 173 Vide Anganwari Centre nameLakhminiya situated in Ward No. 12 within Village- Lakhminiya under Gram Panchayat Parsa South, Block Ghoghardiha, District-Madhubani by way of cancelling the selection of respondent No. 14 for the post of Anganwari Sevika because she has been illegally selected as Anganwari Sevika.

(ii) For that after cancelling the selection of respondent No. 14 for the post of Anganwari Sevika of Anganwari Centre No. 173 situated within Ward No. 12 Village Lakhminiya under Gram Panchayat Parsa South, Block Ghoghardiha District- Madhubani, the charges of above said Anganwari Centre No. 173 may be handed over to the petitioner

Patna High Court CWJC No.13039 of 2024(2) dt.02-09-2024 3/3 immediately.

(iii) For that any other relief/reliefs may also be provided to the petitioner if she deserves the same.

3. Learned counsel for the petitioner submits that he has filed Anganwari Case No. (31/19) 24/22 before District Programme Officer, Madhubani, but no decision has been taken till date.

4. Learned counsel for the State submits that direction may be given to the Child Development Project Officer to decide this case within fixed period of time.

5. District Magistrate, Madhubani (respondent No. 8) is directed to look into this matter and if he found that the Anganwari case was not decided due to the fault of the District Programme Officer then in that case District Magistrate, Madhubani is at liberty to take administrative action against the said District Programme Officer and he shall also ensure that this matter be decided within 90 days from the date of the production of order.

(Dr. Anshuman, J.) Aman Kumar/- U