Soni Kumari @ Soni Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10730 of 2018 ====================================================== Soni Kumari @ Soni Ray W/o Ravikant Rai Resident of Village- Chandpur Ward No. 2, P.S. Patori, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The District Magistrate, Samastipur.

4.

The District Programme Officer, Samastipur.

5.

The Child Development Project Officer, Block Patori, District- Samastipur. 6.

The Supervisor Women Aanganwari Center, Centre No. 197, Ward No. 2 Hetanpur, District- Samastipur.

7.

Viniti Kumari, W/ o Anil Rai, resident of village, Hetanpur, Ward No.2, Block Patori, District Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Respondent/s :

Mr.Smt. Kumari Amrita- GP3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2023 I.A. No. 1/ 2019 .

This interlocutory application has been filed by the petitioner to implead, Viniti Kumari, W/o Anil Rai, as respondent No.7 in the writ petition as she is a necessary party. Considering the averments made in paragraph 3 of the I.A. the same is allowed.

Let the name of Viniti Kumari, W/o Anil Rai be added as respondent No.7 in the writ petition.

I.A. No. 1/ 2019 stands allowed.

Heard the parties.

Petitioner has filed this writ petition for directing the respondents to appoint her on the post of Aanganwari Sevika,

Patna High Court CWJC No.10730 of 2018(2) dt.04-01-2023 2/2 Center No. 197, Ward No. 2, village Hetanpur as her name finds place at serial No.1 of merit list after canceling the appoint of respondent No.7 whose name appears at serial No.2 of the merit list.

Learned counsel for the State submits that under Section 12 of Bihar Aanganwadi Sevika/ Sahaika Chayan Margdarshika, 2019 there is provision of appeal before the District Magistrate and the petitioner has approached this court without availing such remedy.

In that view of the matter, I direct that the petitioner to file appeal before the District Magistrate, Samastipur, respondent No.3, against the selection/ appointment of respondent No.7 and in case such an appeal is filed within four weeks from today, the same shall be disposed of after hearing the parties by a reasoned and speaking order within a period of six months thereafter without going into question of delay, if any, which may have occurred in filing the appeal. This writ petition is disposed of in aforesaid terms. (Prabhat Kumar Singh, J) BKS/- U