Usha Devi @ Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3203 of 2024 ====================================================== Usha Devi @ Usha Kumari Wife of Dhiraj Rana, Resident of Village - Charghara, Pandit- Nawadih, Police Station - Chandramandih, District - Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department, Bihar, Patna.

2.

The District Collector, Jamui.

3.

The District Programme Officer, Jamui.

4.

The Child Development Project Officer, Chakai, District - Jamui. 5.

The Woman Supervisor, Block - Chakai, Department of Child Development Project, District - Jamui.

6.

Sarita Kuwar, Wife of Bhikhari Rajak, Resident of Village - Charghara, Panchayat - Nawadih, Siffori, Block - Chakai, District - Jamui. 7.

Kanchan Kumari, wife of Manoj Das, Resident of Village - Charghara, Post Office - Nawadih Sikri, Police Station - Chandramandih, Block - Chakai, District - Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh (GA-2) Mr. Venkatesh Kirti, JC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-03-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed by the petitioner, who is an applicant for Anganbari Sevika at Ward No. 4, Centre No. 118, Panchayat Nawadih Silfori, BlockChakai, District-Jamui, respondent no. 6 was also the candidate of the

2/4 same post and respondent no. 6 was selected, petitioner and respondent no. 7 raise voice against her selection because respondent no. 6 because her merit list is much below, then the respondent no. 7 and the petitioner, then the Court of District Programme Officer, Jamui vide Case No. 28 of 2013-14 dated 22.01.2014 directed to cancel the selection of the respondent no. 6 and directed to appoint the respondent no. 7 namely Kanchan Kumari. Thereafter respondent no. 6 filed an appeal before Deputy Director, Welfare Munger, vide Appeal No. 15 of 2014 agent the order of District Programme Officer, Jamui, then Land Deputy Welfare, Munger, remanded the matter to District Magistrate, Jamui where Land District Magistrate, Jamui after issuing notice to all the necessary private parties and after hearing the same, set aside the order of D.P.O., Jamui and directed to D.P.O., Jamui to select the respondent no. 6 as Anganwadi Sevika vide Anganbadi Appeal Case No. 4 of 2015 dated

3/4 14.03.2023 petitioner prefer this writ application on the ground that the petitioner is entitled for the selection of Sevika at Ward No. 4.

Centre No.

118.

CentreChargharam because she has got 49.71% marks while Sarita Kumari (respondent no. 6) is obtained only 42.20% marks according to merit list issued by C.D.P.O., Chakai and respondent no. 7 Certificate is suspicious. Petitioner prefer this appropriate writ / writs, order / orders, direction / directions to the respondent as your Lordships may deem fit in the interest of Justice."

2.

At the outset, 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 Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

4/4 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U