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Patna High CourtL.P.A/1261/2023dismissed

Rina Kumari @ Reena Kumari v. The State Of Bihar

2025-02-27Mr. Justice Ashutosh Kumar,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1261 of 2023 In Civil Writ Jurisdiction Case No.1060 of 2023 ====================================================== Rina Kumari @ Reena Kumari W/o Manoj Kumar Verma R/o Village Mahuawa, Ward No. 10, Block Obra, P.S. Obra, District- Aurangabad. ... ... Appellant/s

Versus

1.

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

2.

The Director, ICDS, Bihar.

3.

The Divisional Commissioner, Gaya.

4.

The District Magistrate, Aurangabad.

5.

The District Progamme Officer, Aurangabad.

6.

The Child Development Project Officer, Obra, Aurangabad. 7.

Sonamati Kumari W/o-Mukesh Singh R/o Village- Mahuawan, P.S. Obra, District Aurangabad, Bihar 824124 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms.Ranjana Srivastava, Advocate Mr. Dinesh Jha, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha (GA-2) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 27-02-2025 Heard Mr. Dinesh Jha, learned Advocate for the appellant and Mr. Gyan Prakash Ojha, learned Advocate for the State.

2. The appellant had preferred two on-line applications for consideration of her appointment as

Patna High Court L.P.A No.1261 of 2023 dt.27-02-2025 2/3 Anganbari Sevika. In the said applications, there were different entries.

3. The appellant approached the Divisional Commissioner for permitting her to press the second application with the correct entries, which was allowed.

4. This exercise of discretion by the Divisional Commissioner was not found to be tenable by the learned Single Judge of this Court in CWJC No. 1060 of 2023 vide judgment dated 26.09.2023. The issue was tested in the context of the format of the on-line application, which specified that any entry made in the first instance by an applicant on-line shall be the facts undertaken by the maker thereof and all liabilities and responsibilities would be fastened on the maker of such application.

5. With such clarity in the format of the on-line application, the first application-form only was to be scrutinized.

6. The judgment of the learned Single Judge indicates that there were changes not only in the name of

Patna High Court L.P.A No.1261 of 2023 dt.27-02-2025 3/3 the husband of the appellant but also in her date of birth as also in the class/category in which she had applied.

7. We are in complete agreement with the judgment passed by the learned Single Judge, which requires no interference.

8. The writ petition is dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 28.02.2025 Transmission Date