Deepali Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23691 of 2018 ====================================================== Deepali Kumari, W/o- Binod Bhushan Prasad, R/o- village- Bhagwanpur, P.O. Asarhi, P.S. Muffasil, District- Nawada.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The District Magistrate- cum- Collector, Nawada. 3.

District Programme Officer, Nawada.

4.

Child Development Project officer, Nawada, District- Nawada. 5.

Priya Kumari, W/o- Bipin Bihari, R/o- village Bhagwanpur, P.O.- Asarhi, P.S. Muffasil, District Nawada.

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

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate Mr. Ram Pravesh Kumar, Advocate For the Respondent/s : Mr.Gyan Prakash Ojha,GA-7 with Susheel Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 26-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 24.10.2018, passed by the District Magistrate-cumCollector, Nawada, whereby and whereunder he has rejected the claim of the petitioner for being appointed as Anganbari Sevika for Ward No.5 and affirmed the order dated 08.02.2018 passed by the District Programme Officer.

This matter relates to appointment of Anganbari

Patna High Court CWJC No.23691 of 2018 dt.26-06-2019 2/3 Sevika of Ward No.5 of Gram Panchayat Raj Bhagwanpur, District- Nawada. In pursuance of an advertisement, the petitioner and others filed their respective application for appointment on the post of Anganbari Sevika, accordingly, Aam Sabha was convened and the proceeding was conducted, in which the petitioner was declared successful for the post of Anganbari Sevika. The private respondent no.5 being aggrieved by the selection of the petitioner, approached the District Programme Officer, wherein the finding has been recorded by the District Programme Officer that by the act of manipulation the petitioner has inserted her name and her husband's name in Ward No.5 though she is a resident of Ward No.6.

The same was challenged by the petitioner before the Appellate Authority and the Appellate Authority has dealt with every material which was produced by the petitioner before him and he has also considered the documentary evidence one by one and recorded the finding that by the act of manipulation the petitioner has got his name inserted in the Ward No.5.

In view of concurrent findings, while exercising the power of judicial review, the Court having a limited jurisdiction, when the finding cannot be said to be perverse, in such circumstance, the Court would not interfere with the order.

Patna High Court CWJC No.23691 of 2018 dt.26-06-2019 3/3 In such view of the matter, this Court does not finding any merit in this writ petition, accordingly, the same is dismissed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 28.06.2019 Transmission Date