Sima Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14809 of 2023 ====================================================== Sima Kumari Wife of Pramod Prasad, Resident of Village-Kairikhap, Ward No. 04, P.S.-Rajauli, District-Nawada.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Nawada.

3.

The District Programme Officer, ICDS Nawada.

4.

The C.D.P.O. Nawada.

5.

Archana Rai, Wife of Azad Prasad, Resident of Village-Kairikhap, Ward No. 04, P.S.-Rajauli, District-Nawada.

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv.

For the Respondent/s :

Mr.Prasant Pratap ( GP- 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "i. To issue an appropriate writ in the nature of Certiorari or any other appropriate writ(s), order(s) direction(s) commanding the respondents to quash the order dated 25.01.2023 passed by the D.P.O., Nawada in Anganbari app case no. 18/2022 and further, cancel the selection appointment of respondent no.5 as Ananbari Sevika for the ward no.4, Centre Kairikhap Code no. 147 Razauli Block District Nawada as gross irregularities has been done for the selection of respondent no.5 not obtained highest marks among all the candidate but her mark sheet was left but from her application so

Patna High Court CWJC No.14809 of 2023(2) dt.28-03-2024 2/2 respondent no.5 was selected.

ii. To issue an appropriate writ in the nature of Mandamous to make appointment selection of the petitioner to the post of Anganbari Sevika for ward no. 4 Centre Kairikhap Code no. 147, Block Rajauli, District Nawada as she was most suitable / eligible candidate for the same in view of advertisement issued by C.D.P.O. Nawada as well as in terms of the guidelines issue by the State Government for the same.

iii. To direct the respondents to enquire about the matter properly and appoint the petitioner her for the same post."

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 learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

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