Jay Mala Kumari @ Jay Mala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1840 of 2018 ====================================================== Jay Mala Kumari @ Jay Mala Devi Wife of Sri Saroj Kumar Choudhary, Resident of Village and P.O.- Ballipur, P.S.- Hathouri, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Integrated Child Development Scheme ICDS, Indira Bhawan, Ram Charitra Singh Path, Bo 3.

The District Magistrate, Samastipur.

4.

The District Programme Officer, ICDS, Samastipur. 5.

The Child Development Project Officer, Shivaji Nagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Respondent/s :

Mr. S.K.Mandal, SC 3 Mr. Bipin Kumar, AC to SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2023 Heard the parties.

2. The present petition has been preferred for the following reliefs:- (i) for issuance of an appropriate writ or order or direction, quashing the detailed list of vacant-wards so far the same relates to Ward No. 1 of Ballipur Panchayat, within Block Shivaji Nagar, District- Samastipur as mentioned in Para-3 of Advertisement No. 02/2017, published in Hindustan Newspaper dated 14.12.2017 on behalf of District Programme Wing- I.C.D.S. of Samastipur Collectorate under the signature of the

Patna High Court CWJC No.1840 of 2018(7) dt.15-09-2023 2/3 District Magistrate, Samastipur, inviting applications for selection of Anganbadi Sevika Sahaika against the vacant posts of Sewika Sahaika in the rural areas of district Samastipur;

(ii) for issuance of an appropriate writ or order or direction, directing the Respondent authorities to treat the Anganbadi Centre No. 88 situated in Ward No. 01 of Ballipur Panchayat within Shivaji Nagar Block of District-Samastipur, in view of Memo No. 6828 dated 19.12.2014 of the Director, I.C.D.S., Bihar.

(iii) for an appropriate declaration to the effect that any selection Sewika/Sahaika inward No. 1 of Ballipur Panchayat within Shivaji Nagar Block pursuant to Advertisement No. 02/2017 of Samastipur Collectorate (Annexure-4 Series) would be treated as null and void.

3. With the help of counter affidavit, the State informed that the lady is resident of Ward No. 2 and as such, when the Ward No. 1 and Ward No. 2 were bifurcated, she was allowed to continue in Ward No. 2 as Anganwari Sewika showing the Anganwari Centre for Ward No. 1 vacant.

4. Accordingly, selection process took place and a lady had already joined the said post. He as such, submits that

Patna High Court CWJC No.1840 of 2018(7) dt.15-09-2023 3/3 the petitioner is still continuing as Anganwari Sewika though in Ward No. 2 but only to disturb the other Centre, this petition.

5. Confronted on this fact, learned Counsel for the petitioner submits that though he was agitating on larger issues and wanted the guidelines to be implemented; the lady is actually serving as Anganwari Sewika for Ward No. 2.

6. Further, submission is for withdrawal of the petition.

7. Accordingly, the same is dismissed as withdrawn. No cost.

(Rajiv Roy, J) Neha/- U