Mithilesh Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14406 of 2011 ====================================================== Mithilesh Kumari W/O Vijay Kumar Babra R/O Vill. + P.O. and P.S.- Nauhatta, Block-Nauhatta, Distt.-Saharsa.

.... .... Petitioner

Versus

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

2. The Director, I.C.D.S., Bihar, Patna.

3. The District Magistrate, Saharsa.

4. The District Programme Officer, Saharsa.

5. The Child Development Project Officer (C.D.P.O.), Nauhatta, Distt.- Saharsa.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-05-2016 Heard Sri Pramod Mishra, learned counsel for the petitioner and learned AC to SC-6.

The present petition was filed with a prayer to direct the Respondents to grant 24 points on the plea that the petitioner had completed 24 years of service in the capacity of Anganwari Sevika and as per advertisement for contractual appointment as Anganwari Supervisor after completion of 10 years, for every year one point was required to be given, whereas the petitioner was granted only 22 points instead of 24 points. It has been claimed that the petitioner aggrieved with non-granting of appropriate marks had raised objection, but

Patna High Court CWJC No.14406 of 2011 (8) dt.10-05-2015 2/2 till date no decision was taken on his objection. In the writ petition by way of filing a counter affidavit, a categorical stand has been taken that the objection filed by number of candidates including the petitioner was entertained and so far as objection of the petitioner is concerned , same was rejected.

Keeping in view the fact that the petitioner has completed 22 years nine months as Anganwari Sevika, she was entitled to get only 22 marks. Since in the counter affidavit, a specific stand has been taken that the objection raised by the petitioner has already been rejected, learned counsel for the petitioner makes a prayer for withdrawal of the present writ petition, so that the petitioner, if so advised, may assail the order passed on the objection raised by the petitioner. The prayer is allowed.

The writ petition stands dismissed as withdrawn with liberty as indicated above.

(Rakesh Kumar, J) NKS/- U