Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19922 of 2021 ====================================================== Arti Devi Wife of Avinash Kumar Resident of Village - Tarawe, Ward No. 3, Kaurihar, Block and P.S. - Gamharia, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

3.

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

4.

The Divisional Commissioner, Koshi Division, Saharsa. 5.

The District Magistrate - cum- Collector, Madhepura. 6.

The District Programme Officer, I.C.D.S., Madhepura. 7.

The Child Development Project Officer (C.D.P.O.), Gamharia, DistrictMadhepura. 8.

The Chairman, Anganbari Sevika Selection Committee, Anganbari Centre No. 85, Gram Panchayat - Kaurihar - Tarawe, Gamharia, DisrrictMadhepura. 9.

Sangeeta Kumari Wife of Birendra Sah (at present selected Anganbari Sevika) of Anganbari Centre No. 85 Pawan Tola - Tarawe, Gram Panchayat - Kaurihar - Tarawe, Block and P.S. - Gamharia, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the State :

Mr.S. K. Mandal ( Sc3 ) Mr. Neelam Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2024 The present writ petition has been filed seeking the following reliefs:- "i) A certiorari setting aside the order dated 29.02.2020 passed by the Respondent Collector-cum-District Magistrate, Madhepura in Anganwari Appeal Case No. 01/2018,

Patna High Court CWJC No.19922 of 2021(2) dt.21-03-2024 2/3 whereby and where-under the Respondent Appellate Authority has in a very suspicious, arbitrary, illegal and non-speaking manner rejected the appeal filed on behalf of the petitioner against the order dated 07.09.2017 passed by Respondent District Programme Officer, Madhepura in Anganbari Case No. 15/2017 rejecting the Anganbari case of the petitioner on the ground of limitation completely overlooking and ignoring the order dated 25.04.2017 passed by this Hon'ble Court in CWJC.No. 2995/2015.

ii) A further certiorari setting aside the order dated 07.09.2017 passed by Respondent District Programme Officer, Madhepura in Anganbari Case No. 15/2017, whereby and where-under claim of the petitioner for selecting her as Sevika of Anganbari Centre No. 85 of Anganbari-Centre-No:85 Pawan Tola-Tarawe, Gram Panchayat-KauriharTarawe, Block + P.S.- Gamharia, DistrictMadhepura after cancelling the illegal selection of Private Respondent No.9, filed in pursuant to order dated 25.04.2017 passed by this Hon'ble Court in CWJC No. 2995/2015, has illegally bean rejected on technical ground that her case is barred by limitation. (Iii) A Mandamus commanding and directing the Respondent authority concerned to

Patna High Court CWJC No.19922 of 2021(2) dt.21-03-2024 3/3 appoint/ select the petitioner on the post in question after cancelling the illegal selection of Private Respondent No.9 Sangeeta Kumari who has illegally been selected on the post in question despite having less merit marks."

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. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U