Saraswati Kumari, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15723 of 2022 ====================================================== Saraswati Kumari, W/o Sanjay Kumar Mandal Resident of Village- Harinaha, P.O.- Parsagardh, P.S.- Zadia, District- Supaul, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

3.

The Commissioner, Koshi Division, Saharsa.

4.

The District Magistrate, Supaul.

5.

The District Programme Officer (I.C.D.S.) Supaul. 6.

The Child Development Project Officer, Triveniganj, Supaul. 7.

Rita Kumari, Woman Supervisory-cum-Member Secretary of Gram Panchayat, Child Development Project Officer, Triveniganj. 8.

Puja Kumari, W/o Akhilesh Mandal R/o Village- Parsa Gardhi, Ward No.- 10, District- Supaul, Bihar.

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

For the Petitioner/s :

Mr.Kameshwar Prasad Singh, Advocate For the Respondent/s :

Mrs.Kumari Amrita ( GP- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024 The present writ petition has been filed seeking the following relief:- "1.That this writ application is being filed for indulgence of this Hon'ble Court by way of issuance of an appropriate writ/ writs, order/orders, or direction/directions upon the respondents specially Respondents No.3 and 6 to quash the order dated 02.07.2022 passed in Rev. Appeal

Patna High Court CWJC No.15723 of 2022(2) dt.20-03-2024 2/3 No.153/2021 by the Commissioner, Koshi Pramandal and cancelled the appointment of Respondent No.8 as well as appointment of the petitioner as a 'Sevika' under the Scheme of "Aanganwari Sevika and Sahayika"

(Integrated Child Development Scheme) that is running under the Samekit Bal Vikas Pariyojna Government of Bihar.

However the petitioner was second but first candidate who obtained a maximum marks in place of Respondent No.8. The respondent No.8, however has been fraudulently appointed as a Sevika under the above scheme in collusion with Respondent No.7. In which the respondent No.5 and 6 have snatched the opportunity which is given in Article 16 of the Constitution of India."

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, including that of filing a suit before the Ld. Civil Court having

Patna High Court CWJC No.15723 of 2022(2) dt.20-03-2024 3/3 competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U