Baby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21887 of 2019 ====================================================== Baby Kumari, W/o Sri Manoj Sahani, Resident of Village - Bhagwanpur Dadhiya, P.O. and P.S. Bochaha, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, I.C.D.S. Directorate, Social Welfare Dept., Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur.

5.

The District Programme Officer, Muzaffarpur.

6.

The Child Development Project Officer, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Respondent/s :

Mr.P.N. Shahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-11-2019 The petitioner has prayed for the following reliefs :- "a. That this is an application for issuance of an appropriate writ or writs, order or direction to the respondent authorities to declare the Rule 6 dealing the disqualification for appointment of Anganbari Sevika/ Sahaika under Guideline, 2019 may be declared as an invalid for the reason that the eligibility criteria laid down in the said guideline which is promulgated by the welfare department on 27.05.2019 with respect to eligibility contained in Rule 6 of Guideline, 2019 is unjust unfair, vague and ultra virus of the Rule and also against the right of equity incorporated under article 14 and 16 of the Constitution of India and restore the Rule inserted in Rule 6 of

Patna High Court CWJC No.21887 of 2019(2) dt.18-11-2019 2/2 Anganbari Sevika/Sahaika Guidelines 2016 dated 25.05.2018.

b. That an appropriate order or direction may be issued to the respondent authorities to quash the merit list of ward no.13 of Karanpur south Panchayat under Bochaha Block of Muzaffarpur District and a fresh merit list may be prepared in light of Rule 6 of Anganbari Sevika/Sahaika Guideline 2016 dated 25.05.2018 by issuing an appropriate order or direction.

After some arguments, learned counsel for the petitioner seeks permission to withdraw the instant petition with a liberty to make representation before the respondent no.2, the Director, I.C.D.S., Directorate, Social Welfare Department, Bihar, Patna.

Prayer accepted.

As prayed for, the instant petition stands disposed as having been withdrawn reserving liberty to the petitioner to make representation before the appropriate authority. The representation of the petitioner shall be disposed of within a period of four months, in accordance with law. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) Ashwini/DKS U