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Patna High CourtCWJC/18733/2019disposed

Rupa Kumari, v. The State Of Bihar

2019-09-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18733 of 2019 ====================================================== Rupa Kumari, wife of Sri Ramashankar Prasad, resident of villageRajanpura, Ward No. 13, P.s.- Andhratharhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Madhubani.

4.

The District Programme Officer, Madhubani.

5.

The Deputy Development Commissioner, Madhubani. 6.

The Sub-Divisional Officer, Jhanjharpur, District- Madhubani. 7.

The Child Development Project Officer, Andhratharhi Block, DistrictMadhubani. 8.

The Block Development Officer, Andhratharhi Block, District- Madhubani. 9.

The Gram Panchayat Raj, Gangduar through the Panchayat Secretary, P.S. and Block Andhratharhi, District- Madhubani.

10.

The Mukhiya-cum-Chairman, Selection Committee Anganbari Sevika and Sahaika, Gram Panchayat Raj, Gangduar, P.S. and Block Andharatharhi, District- Madhubani.

11.

Sunita Devi, wife of Sri Indradeo Safi, resident of village- Rajanpura, Ward No. 14, P.S. Andhratharhi, District- Madhubani, at present posted as Anganbari Sevika in Centre No. 215 of Ward No. 14, Rajanpura within Grampanchayat Raj Gangduar, P.s. Andhratharhi, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mauli Chaurasia For the Respondent/s :

Mr.S.K.Mandal (SC-5) Mr. Arjun Prasad, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-09-2019 The petitioner has put to challenge an order issued vide Memo No.764 dated 03.07.2019, passed by the District Programme Officer, Madhubani, whereby the petitioner's case for consideration of her selection as Anganbari Sevika for Centre No.13 has been sent to be considered for Anganbari Centre No.14.

Patna High Court CWJC No.18733 of 2019(2) dt.24-09-2019 2/2

2. An order of the District Programme Officer can be challenged under the guidelines before the Divisional Commissioner, which remedy the petitioner has not availed..

3. This writ application is, therefore, disposed of with a liberty to the petitioner to question the correctness of the order dated 03.07.2019 before the Commissioner, Darbhanga Division. The Commissioner shall be required to consider the petitioner's case on merits without entertaining any objection on the point of delay in making the application as the petitioner was pursuing his remedy before this Court by filing the present writ application.

4. The petitioner has also put to challenge the merit list dated 28.08.2018 for Centre No. 215 of Ward No.14 against the petitioner has remedy of raising objection before the Child Development Project Officer.

5. If the appeal is filed within three weeks from today, the Court expects that the same shall be disposed of, preferably within a period of two months from the date of receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) arun/- U