Patna High CourtCWJC/14579/2013disposed

Mridula Kumari v. The State Of Bihar And ORS

2016-11-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14579 of 2013 =========================================================== Mridula Kumari, wife of Wanjay Singh, resident of Village - Lashkarichak, P.S. Fatuha, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Department Of Social Welfare, Government Of Bihar, Patna.

3. The Director I.C.D.S. Directorate, Bihar, Patna.

4. The District Magistrate, Patna.

5. The Child Development Project Officer, Fatuha, P.S. Fatuha, District - Patna.

6. Archana Kumari @ Kiran Kumari Wife Of Nitish Kumar @ Manchu Kumar Resident Of Village - Lashkarichak, P.S. Fatuha, District - Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh, Adv. For the Respondent/s : Mr. Saiyed Salim Khan, S.C.-25 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, claim has been made that respondent No.6-Archana Kumari has wrongly been selected as Anganbari Sevika as she was holding the qualification of Madhyama, which cannot be a valid qualification for the appointment on the post of Anganbari Sevika.

It appears that the petitioner instead of exhausting the alternative remedy under the scheme has directly approached this

Patna High Court CWJC No.14579 of 2013 dt.10-11-2016 2/2 Court by filing this writ application.

In such view of the matter, let the petitioner exhaust the alternative remedy by filing appropriate application before the appellate authority. If the order is passed against the petitioner, it will be open to her to challenge the same in accordance with law. The appellate authority while deciding the case of the petitioner will take into consideration the pendency of this application before this Court.

With the aforesaid observations and directions, the writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 15.11.2016 Transmission Date