Sumanti Devi @ Sumanti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17769 of 2022 ====================================================== Sumanti Devi @ Sumanti Kumari Wife of Vijesh Ram, Resident of Gauri, Ward No. 13, P.S.- Mahmmadpur, Post- Rewatith, Block- Sidhwaliya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Integrated Child Development Service, Bihar, Patna. 3.

The District Magistrate, Gopalganj.

4.

The District Program Officer, Gopalganj.

5.

The Block Child Development Officer, Sidhwaliya, Gopalganj. 6.

The Supervisor, Child Development Project Officer, Block- Sidhwaliya, Gopalganj.

7.

Heera Mahto, Son of Mithu Mahto, Ward Member-cum-Chairman, Selection Committee, Gram Panchayat Raj Mohammadpur, P.S.- Mohammadpur, Block- Sidhwaliya, District- Gopalganj.

8.

Srikant Singh, Son of Nagendra Singh, Vice Chairman, Selection Committee, Gram Panchayat Raj Mohammadpur, P.S.- Mohammadpur, Block- Sidhwaliya, District- Gopalganj.

9.

Taramati Kumari, Wife of Sunil Ram, Resident of Village- Gauri, P.S.- Mohammadpur, Block- Sidhwaliya, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Nikesh, Advocate Mr. Shyam Kishore, Advocate For the Respondent/s :

Mr.Sunil Kumar Mandal ( Sc 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-04-2024 The present writ petition has been filed seeking the following relief:- "1A(i). The order dated 23.06.2022 passed in Anganwari Appeal Case No. 18 of 2019 by the District Magistrate, Gopalganj whereby and whereunder he has been

Patna High Court CWJC No.17769 of 2022(2) dt.16-04-2024 2/3 pleased to affirm the order dated 26.12.2018 passed by District Programme Officer, Gopalganj in Anganwari Case No. 123 of 2018.

ii. The order dated 26.12.2018 passed by the District Programme Officer, Gopalganj in Anganwari Appeal Case No.123 of 2018 whereby and whereunder the District Programme Officer has been pleased to cancel the appointment of the Petitioner from the post of Anganwari Sewika under Ward No.

13 of Gram Panchayat Raj Mohammadpur, Block- Sidhwaliya Gopalganj District. of (B) (i) To re-consider the case of the Petitioner in the light of order dated 15.07.2022 passed by the District Magistrate, Gopalganj in Anganwari Appeal Case No.09 of 2019 (Sangeeta Devi Vs. State of Bihar) whereby and whereunder he has been pleased to set-aside the appointment of Nidhi Kumari on the ground that her husband is working as homeguard and she was disqualified in the light of Clause 6 of Anganwari Guidelines, 2016. In the aforesaid orders impugned are based on the Doctrine of hostile discrimination.

(ii). To re-appoint the Petitioner on the post of Anganwari Sewika under Ward No.

13 of Mohammadpur Gram Pancayat under

Patna High Court CWJC No.17769 of 2022(2) dt.16-04-2024 3/3 Sidhwaliya Block of Gopalganj District."

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 of competent jurisdiction. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U