Abhishek Kumar Karn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22031 of 2019 ====================================================== Abhishek Kumar Karn S/o Rajendra Prasad Karn, R/o Village-Chhapki Parri, Post Laxmisagar Infront Gali of Road No. 7, P.S.-Darbhanga Sadar, DistrictDarbhanga, State-Bihar, Pin-846009. ... ... Petitioner/s

Versus

1.

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

2.

The Director of Integrated Child Development Services (ICDS) Bihar, Patna, 2nd Floor, Indira Bhawan, R.C. Singh Road, Patna, Bihar, Pin800001. 3.

The Nodal Officer of PMMVY, I.C.D.S. Directorate, Patna, Bihar. 4.

The Additional Collector cum Chairman of District Level employment Committee (PMMVY), Darbhanga.

5.

The District Program Officer-cum-Secretary Member District level employment Committee (PMMVY), Darbhanga.

6.

Govind Kumar, S/o Upendra Sah, R/o Mohalla-New Colony Khaja Sarai, Post-Lehariya Sarai, P.S. Laheriya Sarai, District-Darbhanga, Pin-846001 (P.R.) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Jha, Adv.

For the Respondent/s :

Mr.Prashant Pratap (GP-2) Mr. Dev Kr. Pandey, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2020 The petitioner's grievance relates to selection for the post of District Program Assistant under Integrated Child Development Scheme (PMMY) pursuant to an advertisement issued by the Directorate of ICDS under Welfare Department, Government of Bihar, a copy of which has been brought on record by way of Annexure-1. The petitioner has questioned selection of respondent no. 6 against the said post and has

Patna High Court CWJC No.22031 of 2019(2) dt.09-01-2020 2/2 alleged that his better merit has been ignored by the respondents arbitrarily for the purpose of selection in question.

2. Clause-16 of the advertisement authorises the District Magistrate to resolve any dispute in relation to selection in question. There is provision for appeal before the Divisional Commissioner against the decision of the District Magistrate, in the said Clause 16.

3. It appears from the writ application that the petitioner has submitted his application before the District Magistrate, Darbhanga questioning selection of respondent no. 6 on 01.10.2019, a copy of which has been brought on record by way of Annexure-10.

4. Considering the facts and circumstances, this application is disposed of with a direction that let the District Magistrate, Darbhanga take a decision on the petitioner's application (Annexure-10), if still pending, within one month from the date of receipt/ production of a copy of this order. (Chakradhari Sharan Singh, J) Rajesh/- U