Afsari Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16975 of 2022 ====================================================== Afsari Khatoon Wife of Sheikh Jahangir, Resident of Village- Mednipur, P.S.- Manihari, District- Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Social Welfare Department Govt. Bihar, Patna.
2.
The Principal Secretary, Social Welfare Department Govt. Bihar, Patna. 3.
The Director, I.C.D.S. (Social Welfare Department) Govt. Bihar, Patna. 4.
The Commissioner, Purnia Division, Purnea 5.
The District Magistrate, Katihar, Dist- Katihar. 6.
The District Programme Officer, ICDS, Katihar, Dist- Katihar. 7.
The Child Development Project Officer, Manihari, District- Katihar. 8.
The Mahila Supervisor, Manihari, District- Katihar. 9.
Nikhat Praveen Wife of Seikh Hasim, Resident of Village- Mednipur, P.S.- Manihari, District- Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Respondent/s :
Mrs.Kumari Amrita ( GP- 3 ) For the Pvt. Respondent :
Mr. Hans Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of the writ nature of Certiorari for quashing the order dated 19.10.2022 passed by Divisional Commissioner, Purnea in Anganwari Revision No. 19/2021 by which allow the revision application filed by Respondent No.9 and cancelled the selection of the petitioner on the post of Sevika and directed to issue selection letter on the post of Sevika to
Patna High Court CWJC No.16975 of 2022(2) dt.05-04-2024 2/3 the name of respondent no.9 in the Gram Panchayat Badhar, Ward No.4, Anganwari Centre No.89, Manihari.
(ii) Further quashing the order dated 16.01.2020 passed by Respondent C.D.P.O, Manihan in the Record Case No. 01/2019-20 by which complain of the petitioner has been rejected on the ground petitioner was working as Mahila Supervisor since 2005 and she has enhanced qualification as Fokania in the year 2006, her certificate of the Fokania is forged one.
(iii) Further quashing the selection letter dated 26.07.2019 issued under signature of the Mahila Supervisor by which selected to the Respondent No.9 on the post of Sevika in the Anganwari Centre No.89 whenever petitioner at Serial No. 1 of the merit list.
(iv) Further further please to affirm the order dated 04.03.2021 passed by District Programme Officer, Katihar in Misc. Anganwari Appeal No. 04/2020 by which appeal of the petitioner allowed and set aside the selection to the respondent No.9 on the post of Sevika on the ground, petitioner on the merit list at a Serial No. 1 as merit mark as 72.58 and other hand Respondent No.9 having merit marks 71.80 and merit list at Serial No.2 and further held that
Patna High Court CWJC No.16975 of 2022(2) dt.05-04-2024 3/3 Fokania certificate of the petitioner is not declare as forged by the competent authority.
(v) For further issued direction to allow to work on the post of Sevika in the Anganwari Centre No.89, Ward No.04, Badhar Gram Panchayat, BlockManihari and pay waged since date of Aam Sabha.
(vi) For further give other legal consequential benefit to the petitioner."
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