Sapna Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16290 of 2023 ====================================================== Sapna Kumari Wife of Manish Kumar, Resident of Village and P.O.- Temtha Karari, Ward No. 04, Panchayat- Temtha Karari, Block- Parbatta, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Director, I.C.D.S. Directorate, Bihar, Patna. 4.

The Divisional Commissioner, Munger.

5.

The District Magistrate, Khagaria.

6.

The District Magistrate, Begusarai.

7.

The Examination Controller, Bihar Sanskrit Siksha Board 17, Back Harding Road, Patna- 800001.

8.

The Assistant Public Information Officer, Bihar Sanskrit Siksha Board 17, Back Harding Road, Patna- 800001.

9.

The Public Information Officer-cum-District Programme Officer, Establishment, Education Department, Begusarai. 10.

The District Programme Officer, I.C.D.S., Khagaria. 11.

The Child Development Programme Ofifcer, Prabatta, District- Khagaria. 12.

The Lady Supervisor, Prabatta, District- Khagaria. 13.

The Block Education Officer, Baliya, District- Begusarai. 14.

The Headmaster, Asharfi Chousdhary Sanskrit High School, Masudanpur, Block- Balia, District- Begusarai.

15.

Ruby Kumari, Wife of Ranjeet Jha, Resident of Village and P.O.- Temtha Karari, Panchayat- Temtha Karari, Block- Parbatta, P.S.- Parbatta, DistrictKhagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Kumar, Adv.

For the Respondent/s :

Smt. Kumari Amrita, GP-13 For the Board :

Mr. S.S.Sundaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-03-2024 The present writ petition has been filed seeking the following reliefs:-

Patna High Court CWJC No.16290 of 2023(2) dt.11-03-2024 2/3 "1(i). For issuance of an order, direction or a writ in the nature of CERTIORARY for quashing the order passed in Case No. 15/2020 by the Presiding Officer, Khagaria vide Memo No. 752 dated 31-12-2020 (Annexure-11) whereby and whereunder the selection of petitioner on the post of Anganwari Sevika at New created Anganwari Centre No. 281 in Ward No.-4, Panchayat-Temtha Karari Tola, District-Khagaria was cancelled and the C.D.P.O., Parbatta was directed to issue appointment letter to the private respondent no. 15 namely Rubi Kumari (Annexure-13) and further for quashing the order dated 21-06-2023 passed by the learned court of Divisional Commissioner, Region, Munger in Service Appeal No. 02/2021 (Annexure-16) whereby and whereunder the learned court of Divisional Commissioner, Region, Munger rejected the appeal filed by the petitioner and confirmed the order passed in Case No. 15/2020 by the Presiding Officer, Khagaria vide Memo No. 752 dated 31-12-2020 (Annexure-11).

(ii). For issuance of an order, direction or a writ in the nature of MANDAMUS commanding the respondent concerned to appoint the petitioner on the post of Anganwari Sevika at New created Anganwari Centre No. 281 in Ward No.-4, Panchayat-Temtha Karari Tola, District-Khagaria by treating the selection of the petitioner on the aforesaid post of Anganwari Sevika by the

Patna High Court CWJC No.16290 of 2023(2) dt.11-03-2024 3/3 selection committee in the Aam Sabha organised on 11-02-2020 as valid and in accordance with law."

2.

After some arguments, 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 learned Civil Court having competent jurisdiction. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U