Raushan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16438 of 2022 ====================================================== Raushan Khatoon W/o Md. Jabaid, R/o Village- Shahpur- Prithivipatti, Ward No. 06, Post- Shahpur-Prithivipatti, P.S.- Bhavtiyahi, Dist- Supaul, Pin852111. ... ... Petitioner/s

Versus

1.

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

2.

The Director of ICDS, Bihar, Patna.

3.

The Collector cum D.M. Supaul.

4.

The District Programme Officer (ICDS), Supaul. 5.

The Child Development Project Officer, Saraigardh- Bhavtiyahi, Supaul. 6.

The Mahila Supervisor, Saraigardh- Bhavtiyahi, Supaul. 7.

The Mukhiya, Gram Panchayat-Shahpur- Prithivipatti, Post- ShahpurPrithivipatti, P.S.- Bhavtiyahi, Dist- Supaul, Pin- 852111. 8.

Shahjadi Prveen W/o Rukhsad Alam, Gram Panchayat-ShahpurPrithivipatti, Post- Shahpur-Prithivipatti, P.S.- Bhavtiyahi, Dist- Supaul, Pin852111. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Jha, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-03-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ, order/direction in the nature of 'Certiorari' to set aside the impugned order dated 28.12.2020 passed by the D.P.O. (ICDS) Supaul in Case No.

Patna High Court CWJC No.16438 of 2022(2) dt.12-03-2024 2/3 122/2018 (Annexure-11) and order dated 09.10.2021 of Appeal No. 01/2021 passed by the Collector Supaul (Annexure -12) by which the learned authorities has rejected the appeal of the petitioner without perusing the record properly and verify the wrong action taken by the Mahila Supervisor, Saraigradh-Bhavtiyahi, Supaul, in selection procedure of Aganwari Sevika at Aganwari centre No.-112 of ward no.-06, PanchyatShahpur-Prithivipatti, BlockSaraigradh- Bhavtiyaahi, District-Supaul. (ii). For issuance of an appropriate writ, order/direction in the nature of 'Mandamus' directing and commanding authorities concern to make the selection and appointment of the petitioner on the post of Aanganbari Sevika at center no. 112, Ward No.- 06, Panchyat- ShahpurPrithivipatti, Block- Bhavtiyahi, DistrictSaraigradh- Supaul, in view of her genuine candidates whose certificate is genuine having first rank/ position among the all applied Five Candidates for the selection and appointment." 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 including that of filing a suit before the learned Civil Court

Patna High Court CWJC No.16438 of 2022(2) dt.12-03-2024 3/3 having competent jurisdiction. Liberty, so sought, is granted. 3.

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