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Patna High CourtCWJC/22348/2019disposed

Priyanka Kumari v. The State Of Bihar

2019-12-09Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22348 of 2019 ====================================================== Priyanka Kumari Wife of Sri Sunil Kumar Resident of Village- Kanauj, P.S.- Akabarpur, District- Nawada.

... ... Petitioner/s

Versus

1.

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

2.

The Director Integrated Child Development Services (ICDS), Department of Social Welfare, Bihar Patna.

3.

The Divisional Commissioner Magadh Division at Gaya. 4.

The District Magistrate Nawada.

5.

The Deputy Development Commissioner Nawada.

6.

The District Programme Officer (ICDS) Nawada. 7.

The Child Development Project Officer Akabarpur, District- Nawada. 8.

The Anganbari Supervisor of Kanauj Anganbari Centre Code No. 252, Ward No. 15, Panchayat Baliya Bujurg, Block- Akabarpur, District- Nawada. 9.

The Ward Member Ward No. 15, Panchayat- Baliya Bujurg, BlockAkabarpur, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Respondent/s :

Mr.Md.Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2019 Heard both sides.

Petitioner seeks quashing the mapping register of Kanauj Anganbari Centre, Centre Code No.251, Ward No.15, Panchayat-Baliya Bujurg, Block-Akabaprur, District-Nawada whereby the authority declared the aforesaid centre as extremely backward class for the purpose of appointment of Anganbari Sevika/Sahaika after adding the names of different persons and

Patna High Court CWJC No.22348 of 2019(2) dt.09-12-2019 2/3 also the persons of different place.

Learned counsel for the petitioner submits that the petitioner filed petition before the Divisional Commissioner that Centre Code No.251, of Ward No.15, Panchayat-Baliya Bujurg has wrongly been declared as extremely backward class for the purpose of appointment of Anganbari Sevika/Sahaika and on such petition, the Divisional Commissioner called for a report from the District Programme Officer. On the basis of the report, the Divisional Commissioner directed the District Magistrate, Nawada to constitute a third-man committee and after constitution of a three-man committee, the committee has not yet submitted its report. No step has been taken for initiation of the process of selection on the post of Anganbari Sevika/Sahaika for Centre Code No.251, Ward No.15 in absence of such report. The relief for declaring the aforesaid centre as extremely backward class after enquiry cannot be held to be illegal.

Having considered the facts, I dispose of this writ petition with a direction to the Committee to submit report within a reasonable time and only thereafter declare the aforesaid ward of particular category and take steps for selection on the post of Anganbari Sevika/Sahaika.

Patna High Court CWJC No.22348 of 2019(2) dt.09-12-2019 3/3 With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U