Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15424 of 2022 ====================================================== Rita Kumari wife of Abhijeet Kumar, resident of Village- Ward No. 05, Shahabad Post Bahadurganj, P.S.- Katarisarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, Integrated Child Development Services (hereinafter referred as I.C.D.S.), Govt. of Bihar, Patna.

4.

The District Collector, Nalanda.

5.

The District Programme Officer, Nalanda.

6.

The Block Development Officer, Nalanda.

7.

The Circle Officer, Nalanda.

8.

The Child Development Project Officer, Hereinafter referred as the C.D.P.O. Integrated Child Development Services, Giriyak/Katrisarai, Nalanda. 9.

Sandhya Kumari wife of Rajendra Sharma, resident of Village- Ward No. 05, Shahabad Post Bahadurganj, P.S.- Katarisarai, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate Ms.Jyoti Prasad, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of writ/order/direction in the nature of 'Writ of Certiorari' for quashing/ setting aside the entire selection process held on 11.04.2022/ 17.05.2022 based on New Merit List / Mapping chart and appointment of Private Respondent on the post of Anganwari Sevika at Shahabad Centre, Code No. 03 situated under Ward

Patna High Court CWJC No.15424 of 2022(2) dt.12-03-2024 2/3 No. 05 of Mera Warith Gram Panchayat under Giriyak/ Katrisarai Block of Nalanda District in the following facts and circumstances of the case. (ii) For issuance of writ/order/direction in the nature of 'Writ of Mandamus' commanding the respondents to appoint the petitioner on the said post of Anganwari Sevika at Shahabad Centre, Code No. 03 situated under Ward No. 05 of Mera Warith Gram Panchayat under Giriyak/ Katrisarai Block of Nalanda District on the basis of First Merit List/ Mapping chart.

(iii) To hold and declare that the new Mapping Chart/ new Merit List prepared for appointment of Anganwari Sevika on Shahabad Centre Code No. 03 situated under Ward No. 05 of Mera Warith Gram Panchayat under Giriyak Katrisarai Block of Nalanda District and the appointment of the private respondent on the said post is illegal, malafide, unjust, improper, and not sustainable in the eye of law.

(iv) For a direction upon the respondents to consider the case of the petitioner as per the first Merit List/ Mapping Chart prepared during the selection process and also for direction to the respondent authority to appoint the petitioner on the post of Anganwari Sevika at Shahabad Centre, Code No. 03 situated under Ward No. 05 of Mera Warith Gram Panchayat under Giriyak Katrisarai Block of Nalanda District.

(v) For issuance of an appropriate declaration that

Patna High Court CWJC No.15424 of 2022(2) dt.12-03-2024 3/3 the action of the respondents especially Respondent No. 8, i.e., the C.D.P.O., Giriyak/ Katrisarai Block in preparation of wrong Mapping Chart in question and in conducting the entire selection process held on 11.04.2022/ 17.05.2022 based on New Merit List / Mapping chart and appointment of Private Respondent on the post of Anganwari Sevika at Shahabad Centre, Code No. 03 under Ward No. 05 of Mera Warith Gram Panchayat under Giriyak/ Katrisarai Block of Nalanda District is highly illegal, improper, malicious, arbitrary and tantamount to violation of the Fundamental Rights, Human Rights and Natural Rights of the petitioner in the facts and circumstances of the case."

2. At the outset, 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, for redressal of her aforesaid grievances. Liberty so sought is granted.

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