Rina Kumari v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16957 of 2018 ====================================================== Rina Kumari, Wife of Bhairav Mahto, Address- Ward No. 1, Hetampur, Mirjapur, Parmanandpur, District- Begusarai, Bihar. ... ... Petitioner/s
Versus
1.
The State Of Bihar through Principal Secretary, Social Welfare Department, Government of Bihar, Patna.
2.
Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.
The District Magistrate, Begusarai.
4.
The Sub-Divisional Officer, Baliya, Begusarai. 5.
The Child Development Project Officer, Baliya, Begusarai. 6.
The District Program Officer, Begusarai.
7.
The Panchayat Sachiv, Gram Panchayat, Parmanandpur, Begusarai. 8.
The Mukhiya, Gram Panchayat, Parmanand Pur, Begusarai. 9.
Phool Kumari, W/o Sri Manoj Kumar, Resident of Village Hetampur, Mirjapur, P.S.- Baliya, District- Begusarai.
10.
The Divisional Commissioner, Munger.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindhyachal Singh, Sr. Advocate Mr.Vipin Kumar Singh, Advocate Mr.Sanchit Singh, Advocate For the Respondent/s :
Mr.Asit Kumar Jha, AC to GP2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-11-2022 Learned counsel for the petitioner is permitted to implead the Divisional Commissioner, Munger, as Respondent No.10.
The instant writ application has been filed assailing the order of the District Programme Officer dated 25.06.2018 as well as the consequential order dated 09.07.2018 passed by the Child Development Project Officer.
Patna High Court CWJC No.16957 of 2018(2) dt.01-11-2022 2/2 In view of such objection regarding the writ application having been filed without availing the alternative remedy under the extant guidelines, learned senior counsel for the petitioner submits that the petitioner will avail the opportunity of appeal/revision as per Clause-12 of the 2019 Guidelines for Selection of Aanganwari Sevika/Sahayika before the Divisional Commissioner, Munger.
He thereafter submits an apprehension that his appeal, if filed, is clearly to be met with the objection of delay. Since the instant writ application has been pending and the objection regarding alternative remedy has been raised by learned counsel for the State, this Court observes that if the petitioner avails the alternative remedy under the 2019 Guidelines before the Divisional Commissioner, Munger, within four weeks, the same shall be considered on its merits, in accordance with law.
Writ application is disposed of.
(Madhuresh Prasad, J) shashank/- U