Nisha Kumari @ Nisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16347 of 2022 ====================================================== Nisha Kumari @ Nisha Devi Wife of Munna Manjhi, Resident of VillageMirzapur, Ward No.-6, P.S.-Marhowra, District-Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Social Welfare, Government of Bihar, Patna.
3.
The Director, Directorate of Integrated Child Development Services (I.C.D.S.), Government of Bihar, Patna.
4.
The Commissioner, Saran Division at Chapra 5.
The District Magistrate, Saran at Chapra, District-Saran 6.
The District Programme Officer, Integrated Child Development Services (I.C.D.S.) Saran at Chapra, District-Saran.
7.
The District Welfare Officer, Chapra, District-Saran. 8.
The Child Development Project Officer (C.D.P.O.), Marhowra Block, District-Saran.
9.
The Supervisor, Aanganwari Centers, Marhowra Block, District-Saran 10.
The Mukhiya, Gram Panchayat Raj Mirzapur, Marhowra Block, DistrictSaran 11.
The Panchayat Secretary, Gram Panchayat Raj Mirzapur, Marhowra Block, District-Saran 12.
Punam Kumari Wife of Sharwan Kumar Manjhi @ Sharwan Resident of Village-Mirzapur, Ward No.-7, P.S.-Marhowra, District-Saran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithilesh Kr. Upadhyay, Advocate Ms.Tetara Kumari, Advocate Mr.Raju Prasad, Advocate For the Respondent/s :
Mr.Gyan Prakash Ojha ( Ga 7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024
1. The present writ petition has been filed seeking the following relief(s):- "1[A] For issuance of an appropriate writ, order or direction for quashing the order dated 08-07-2022
Patna High Court CWJC No.16347 of 2022(2) dt.05-04-2024 2/3 (Annexure-8) passed in Aganwari Revision Appeal Case No-59/2021 by the Commissioner of Saran Division at Chapra whereby appeal filed by the respondent No-12 namely Punam Kumari was allowed and order dated 08-04- 2021 passed in Anganwari Case No-16/2021 by the District Programme Officer, Integrated Child Development Services (I.C.D.S.), Saran at Chapra, District- Saran has been set aside declaring respondent No-12 as validly selected Anganwari Sevika for Anganwari Center, Ward No-6, Gram Panchayat Raj Mirzapur, Marhowra Block, District- Saran [B] For issuance of an appropriate writ, order or direction, upholding the order dated 08-04-2021 passed in Anganwari Case No-16/2021 by the District Programme Officer, Integrated Child Development Services (I.C.D.S.)
, Saran at Chapra, District- Saran whereby selection/appointment of respondent No-12 as Anganwari Sevika for Anganwari Center, Ward No-6, under Gram Panchayat Raj Mirzapur, Marhowra Block, DistrictSaran has been cancelled on the ground that she is not voter/resident of Ward No-6 and accordingly it was directed to appoint present petitioner namely Nisha Kumari.
[C] For issuance of an appropriate writ, order or direction, directing the respondent authorities to appoint present petitioner namely Nisha Kumari on the post of Anganwari Sevika for Anganwari Center, Ward No-6, under Gram Panchayat Raj Mirzapur,
Patna High Court CWJC No.16347 of 2022(2) dt.05-04-2024 3/3 Marhowra Block, District- Saran as she is voter/resident of Ward No-6 and also stood at serial No-5 in the merit list dated 17-07- 2019 with 52.2 points above the respondent No-12 namely Punam Kumari."
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 civil 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) Saurav/- U