Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14840 of 2023 ====================================================== Asha Devi Wife of Ramesh Prasad, R/o Gram Panchayat-Muradih, Ward No.06, P.S-Piprasi, District-West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, Integrated Child Development Scheme (ICDS), Bihar, 2nd Floor, Indira Bhawan, R.C. Singh Path, P.O.-Punaichak, P.S.- Punaichak, District-Patna.

4.

The District Magistrate, West Champaran.

5.

The Child Development Project Officer (C.D.P.O.), Madhubani, Piprasi, West Champaran, Bettiah.

6.

The District Programme Officer, West Champaran, Bettiah 7.

Aasma, wife of Reyajuddin Ansari, R/o Village panchayat- Muradih, Ward No.06, P.S-Piprasi, District-West Champaran, Bettias. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 Mr. Abhishek Singh, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2024 The present writ petition has been filed seeking the following reliefs:- "1. That this Petition is being filed for issuance of an appropriate Writ / Order / Direction to quash/set aside the Order dated 02.03.2022 passed by the District Programme Office, I.C.D.S. West Champaran, Bettiah in Anganbari Sevika Selection Appeal No.163/2021 (Annexure P/1) whereby and whereunder the Petitioner's appointment to the said post of Angan Bari

Patna High Court CWJC No.14840 of 2023(2) dt.28-03-2024 2/3 Sevika has been set aside.

1/A. That this Petition is further being filed for issuance of an appropriate Writ / Order / Direction to quash/set aside the Order dated 30.06.2023 passed by the Commissioner, Tirhut Divison, Muzaffarpur in I.C.D.S Revision Case No. 63/2022 (Annexure- P/2) whereby and whereunder the commissioner has mechanically upheld the order passed by the District Programme Office, I.C.D.S, West Champaran, Bettiah in Anganbari Sahayika/Sevika Selection Appeal No.163/2021.

1/B. This Petition is being filed for the issuance of an Appropriate Writ/Order/Direction to the concerned Respondent(s) to appoint the Petitioner to the post of Angan Bari Sevika in Village Panchayat Muradih, Village+Tola+MohallaChankuhwa, Ward No.06, Angan Bari Centre No.151, as she is the most suitable candidate in the merit list prepared and her appointment has been illegally set aside."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law including that of filing a suit before the learned Civil Court having competent jurisdiction. Liberty, so sought, is granted.

Patna High Court CWJC No.14840 of 2023(2) dt.28-03-2024 3/3 3.

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