Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16870 of 2023 ====================================================== Rekha Kumari Wife of Ashutosh Raj, Resident of Village- Nohsa, Guru Sharanpur, Police Station- Ben, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Social Welfare Department, Bihar, Patna. 3.

The Collector-cum- District Magistrate, Nalanda. 4.

The Additional Collector-cum-Additional District Magistrate, Nalanda. 5.

The District Programme Officer, ICDS, Nalanda. 6.

The Child Development Project Officer, Ben, Nalanda. 7.

The Chairman, Selection Committee (Nehusa Panchayat), Nehusa Aanganwadi Centre No. 90, Block-Ben, District- Nalanda. 8.

Kumari Radhika Sinha, W/o Ram Naresh Prasad, D/o Jageshwar Prasad, Resident of Village- Nohsa, Guru Sharanpur, Police Station- Ben, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the State :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2024 The present writ petition has been filed seeking the following relief:- "1. That the present application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions towards setting aside the order dated 31.03.2023 passed by the learned Additional Collectorcum-Additional District Magistrate, Nalanda in Anganwadi Case No. 08/2020, which was transferred from the Court of the District

Patna High Court CWJC No.16870 of 2023(2) dt.20-04-2024 2/3 Magistrate, Nalanda for disposal, whereby the learned Additional Collector, Nalanda has upheld the order under letter no. 2226 dated 14.12.2019 passed by the District Programme Officer (ICDS), Nalanda in Case No. 102/2019 by which under protest/Complaint of Respondent no. 8, Radhika Kumari as well as under collusion the forged educational Certificate deemed of the original certificate of the petitioner was forwarded to B. S. E. B. for verification, which was under collusion of the respondent authorities misappropriated the petitioner's application as well as Educational certificates (Changed/ replaced) forwarded the same to the B.S.E.B.

, Patna for verification, whereas original and genuine certificate is still available with the petitioner by which the petitioner had applied/submitted the application for selection as Aanganwadi Sewika to the Respondent concerned at the time of submission of Forms/application and as such the matter is required to be inquired/verified with the original certificate of the petitioner by a neutral agency after seizing the relevant documents of the proceeding to surface the reality of the facts and eligible criteria by which the petitioner had been selected in this regard.

Patna High Court CWJC No.16870 of 2023(2) dt.20-04-2024 3/3 Certificates and place at St. No I of the merit list and at present petitioner is nowhere of." 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