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Patna High CourtCWJC/16472/2024disposed

Vina Devi v. The State Of Bihar

2024-10-28Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16472 of 2024 ====================================================== Vina Devi, Wife of Gangaram Mukhiya, Resident of Village- Mangarhta, Tole Lakshmipur, Ward No. 17, P.O.- Sonai, P.S.- Khirhar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Directorate of Integrated Child Development Scheme (ICDS), Department of Social Welfare, Government of Bihar.

2.

The Director, Directorate of Integrated Child Development Scheme (ICDS), Department of Social Welfare, Government of Bihar. 3.

The District Magistrate, Madhubani.

4.

The District Program Officer, Madhubani.

5.

The Child Development Project Officer (ICDS), Harlakhi, DistrictMadhubani. 6.

The Committee meant for the selection of Anganwadi Sevika for Anganwadi Centre No 200 Koha Bari Panchayat through its Member Secretary, The Child Development Project Officer, Harlakhi, District - Madhubani. 7.

Ganga Kumari, Wife of Manish Kumar, Resident of Village - Mangartha, Tole Lakshmipur Ward No. 17, P.S.- Sonai, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Advocate For the Respondent/s :

Mr. Rajeshwar Singh, GA -10 Mr. Jitendra Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-10-2024 Heard Mr. Shivam, learned Advocate for the petitioner and Mr. Jitendra Kumar, learned Advocate for the State.

2. The petitioner is aggrieved by the order dated 20.06.2023 issued under the signature of the District Program Officer, Madhubani in Case No. 03 of 2022 as contained in memo no. 1269/G.P.S. whereby and whereunder the selection of

Patna High Court CWJC No.16472 of 2024(2) dt.28-10-2024 2/3 the petitioner as Anganwadi Sevika in centre no. 200, in ward no. 17 of Kahua Bari Gram Panchayat, in the district of Madhubani has been cancelled.

3. On being aggrieved the petitioner preferred Anganwadi Appeal No. 64 of 2023 which also came to be rejected vide order dated 05.02.2024 by the District Magistrate, Madhubani which order has also been questioned by the petitioner in the present writ petition.

4. Learned Advocate for the petitioner while assailing the order impugned have made various submissions, however he is not in a position to confront that against the impugned appellate order, as afore-noted, there is a statutory provision of revision before the Divisional Commissioner under Anganwadi Sevika/Sahayika Selection guideline, 2019.

5. Learned Advocate for the State submits at the Bar that since the petitioner has a statutory remedy, he must avail the remedy before approaching this Court in a writ jurisdiction.

6. Considering the submissions advanced on behalf of the parties as also the admitted position of having statutory remedy of revision, the present writ petition stands disposed off with a liberty to the petitioner to prefer an appropriate revision before the Divisional Commissioner of the concerned division.

Patna High Court CWJC No.16472 of 2024(2) dt.28-10-2024 3/3 In case such revision is filed, the same shall be disposed of expeditiously, in accordance with law.

7. The writ petition stands disposed off.

(Harish Kumar, J) supratim/- U