Fanimala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20640 of 2021 ====================================================== Fanimala Kumari Daughter of Manoj Das, Wife of Raushan Das Resident of Village- Mahadalit Tola, Panjwara, P.S.- Panjwara, District- Banka. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, Banka.

4.

The District Program Officer, Banka.

5.

The Child Development Project Officer, Barahat, Banka. 6.

Putul Kumari Wife of Braj Mohan Das Resident of Village and Post and P.S.- Panjwara, District- Banka.

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

For the Petitioner/s :

Mr.Prahalad Kumar Bhagat, Adv.

For the Respondent/s :

Mr. Prashant Pratap, GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) For issuance of an appropriate writ/writs or direction in the nature of mandamus Commanding and directing the respondents to appoint the petitioner on the post of Sevika in the Anganbari Center No. 36, under Grampanchayat Raj, Panjwara, under Barahat Block, Banka.

In the merit list name of the petitioner was at serial No.1, but the respondent appointed the respondent No. 6 on the lame excuse that she is minor on the date of appointment, as her date of

Patna High Court CWJC No.20640 of 2021(2) dt.29-03-2024 2/3 birth recorded in matriculation certificate is 06.04.2005, which is a typographical error/mistake.

In the school register her date of birth is recorded 06.04.2000, the Joint Secretary Jharkhand, Academic Council, Ranchi, corrected the date of birth of the petitioner and the District Education Officer. Godda, Jharkhand also given certificate regarding the date of birth of the petitioner, but respondent arbitrarily appointed respondent No. 6.

(ii). For issuance of an appropriate writ/direction to the respondent to take final decision according to law and cancel the selection of respondent No. 6 Putul Kumari, who has been wrongly selected on the place of petitioner.

(iii). For issuance of an appropriate writ or direction to the respondents to give all benefit to the petitioner of the post of Sevika at Anganbari Centre No. 36, in Grampanchayat Raj, Panjwara, under Barahat Block, Banka."

2.

After some arguments, 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. Liberty, so sought, is granted.

Patna High Court CWJC No.20640 of 2021(2) dt.29-03-2024 3/3 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U