Neera Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15762 of 2023 ====================================================== Neera Kumari Wife of Shree Ashok Pathak, resident of Village-Choraut, Ward No. 2, P.S.-Choraut, District-Sitamarhi.

... ... 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 Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Sitamarhi.

5.

The District Program Officer, Sitamarhi.

6.

The Supervisor, Child Development Project Officer, Block-Choraut, Sitamarhi.

7.

Sarita Devi W/o Manoj Pathak, Resident of Village Choraut, Ward No. 02, P.S.-Choraut, District-Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Raj, Advocate For the Respondent/s :

Mrs.Kumari Amrita ( GP- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2024 The present writ petition has been filed seeking the following relief:- "1.(A)(i) The order dated 13.05.2023 Passed in Anganwari Appeal Case No-19/22 by District Magistrate, Sitamarhi, setting aside the order dated 17.12.21 passed by District Programme Officer in Anganwari Appeal Case No. 17/19, allowing the application filed by the petitioner for her appointment as

Patna High Court CWJC No.15762 of 2023(2) dt.02-04-2024 2/3 Anganwari Sevika for Ward No.-02 of Gram Panchayat Choraut falling within Choraut Police Station of Sitamarhi District.

(ii). The order dated 27.07.2023 passed by the Commissioner, Tirhut Division, in Anganwari Appeal Case No.-213/2023 holding that the matter was not maintainable before him.

B. (i) To hold the order contained in Annexure "1" and "2" to be nullity and non-est in the eye of law.

(ii) To hold the order dated 17.12.21 passed in Anganwari Appeal Case No.-17/19, by the District Programme Officer to be valid.

(iii) To Appoint the petitioner as Anganwari Sevika for the Ward no02 of the Gram Panchayat Raj Choraut falling within Choraut Police Station of Sitamarhi District.

(iv)To hold appointment of the respondent no.-07 as Anganwari Sevika, because the entire selection process is against the guidelines issued by the Director, Integrated Child Development Services in year 2016."

Patna High Court CWJC No.15762 of 2023(2) dt.02-04-2024 3/3 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 suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U