Nasrin Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12359 of 2023 ====================================================== Nasrin Khatun Wife of Md. Aleen, Resident of Village-Simanpur, P.O.- Sadipur, P.S.-Pirpaiti, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Bhagalpur Division, Bhagalpur. 3.

The District Program Officer (I.C.D.S.) Bhagalpur. 4.

Child Development Program Officer C.D.P.O. Pirpaiti, Bhagalpur. 5.

Ladies Supervisor, Ward No-2, Simanpur, Rifatpur, Aganwadi Center No. 352, Pirpaiti, Bhagalpur.

6.

Bibi Nurani, Wife of Mahmud Ansari, Resident of Village-Simanpur, P.O. Sadipur, P.S.-Pirpaiti, District-Bhagalpur.

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

For the Petitioner/s :

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

Mr.Sunil Kumar Mandal ( SC- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. I. To quash the order dated 07.10.2022 passed by the learned Court of the Commissioner Bhagalpur Division, Bhagalpur vide Misc. (Aganwadi Revision No.

28/2022-23) by which learned Commissioner has quashed the earlier order of District Programme Officer, Bhagalpur by whom order was passed in favour of selection order of petitioner and

Patna High Court CWJC No.12359 of 2023(2) dt.19-02-2024 2/3 subsequently confirm the order of Aam Sabha with regard to selection to the post of Aganbari Sevika of Bibi Noorani without considering the fact that petitioner is having more marks than Bibi Noorani and in the merit list of Block-Pirpaiti, Panchayat, Rifatpur, ward no. 2, Aganwadi Centre No. 352 in which petitioner is at the Serial No. 2 though Bibi Noorani at Serial no. 3.

II. To command and direct the respondent after quashing the aforesaid order of the learned court of Commissioner selection of Bibi Noorani to be cancelled and subsequently to appoint the petitioner to the same post i.e.

Aganwari Sevika immediately."

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 suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is

Patna High Court CWJC No.12359 of 2023(2) dt.19-02-2024 3/3 granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U