Phul Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16275 of 2023 ====================================================== Phul Kumari Devi Wife of Mahendra Ram, Resident of village-Usari, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Rohtas. 2.

The Child Development Project Officer, Dawath, Rohtas. 3.

Kabita Kumari Wife of Raj Kumar Ram Resident of Village- Usari, P.SDawath, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-04-2024 The present writ petition has been filed seeking the following reliefs:- "1.

(i) That the instant writ application is being filed herewith seeking her appointment on the post of Anganbari Sevika in Usari Gram Panchayat after terminating the service of the sitting Anganbari Sevika, who has fraudulently got her appointment on the basis of a forged Matriculation marks sheet which came into picture after verification of the same when the appointment process is over.

(ii) That the Respondent No.2 be

Patna High Court CWJC No.16275 of 2023(2) dt.22-04-2024 2/3 directed to appoint the petitioner on the post of Anganbari Sevika in Usari Gram Panchayat as per merit list the petitioner's name lies just below the selected/appointed candidate (Respondent No. 3) but when the selected/appointed candidate's certificate was found to be forged then appointing authority is under onerous duty and legal obligation to terminate the appointed candidate and further since the petitioner stands next to the appointed/selected candidate, in the merit list, she deserves to be appointed on the said post, hence this writ application."

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.

Patna High Court CWJC No.16275 of 2023(2) dt.22-04-2024 3/3 3.

The writ petition stands dismissed as not pressed.

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