Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19967 of 2021 ====================================================== Mamta Devi Wife of Bhajan Sah, R/o village - Kisnipatti, Ward No. 7, P.O. and P.S.- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Director Integrated Child Development Services, Bihar, Patna. 3.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate, Madhubani.

5.

The District Programme Officer, (I.C.D.S.), Madhubani. 6.

The Child Development Project Officer, Ghoghardiha, District - Madhubani. 7.

The Lady Supervisor, CDPO Project- Ghoghardiha, District - Madhubani. 8.

Vibha Kumari W/o Ram Prakash Mandal, R/o Village - Kisnipatti, Ward No. - 7, P.O. and P.S.- Ghoghardiha, District - Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha, Advocate For the Respondent/s :

Mr.S. K. Mandal ( Sc3 ) Mr. Bipin 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 relief:- "(I) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the Respondent No. 6 to appoint the petitioner to the post of Anganbari Sahayika in the newly created

Patna High Court CWJC No.19967 of 2021(2) dt.21-03-2024 2/3 Anganbari centre situated in Ward No.-7 of Village- Kisnipatti within P.O. and P.S.- Ghoghardiha, District- Madhubani on the ground that the private Respondent has wrongly and illegally appointed against the said post irrespective of fact that the petitioner has higher marks than that of private respondent as well as the petitioner's name figures at serial No. 1 at the merit list.

(11) To direct the respondent No. 1 and 2 to conduct an enquiry and take suitable legal action against the Respondent No. 6 and 7 as to how in complete violation of guidelines of Anganbari Sevika/ Sahayika appointed and consider the selection of privatrespondent for the post in question." 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.19967 of 2021(2) dt.21-03-2024 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U