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Patna High CourtCWJC/23961/2019disposed

Priti Devi, v. The State Of Bihar

2019-12-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23961 of 2019 ====================================================== Priti Devi, Wife of Santosh Sah, Resident of Village- Thathopur Thathupur, P.S.- Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, Darbhanga.

4.

The District Programme Officer, Darbhanga.

5.

The Lady Supervisor, C.D.P.O., Baheri, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prahalad Kumar Bhagat For the Respondent/s :

Mr.S.K.Manal (SC3) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2019 Heard both sides.

The petitioner being aggrieved by the non-selection on the post of Anganbari Sevika of Thathopur Panchayat, Ward No.3, Kendra No.280 filed this writ petition and submitted that name of the petitioner figured at serial no.1 in the merit list but later on, Arti Kumari whose name appeared at serial no.2 in the merit list was shown to have obtained more marks than the petitioner and she was ranked senior to her.

It appears that in the directive issued for the appointment of Anganbari Sevika and Anganbari Sahayika, there is provision of appeal against the order of selection but the

Patna High Court CWJC No.23961 of 2019(2) dt.03-12-2019 2/2 petitioner has not exhausted alternative and efficacious remedy. In this view of the fact, I dispose of this writ petition with a direction to the petitioner to file appeal before the appropriate authority against her non-selection on the post of Anganbari Sevika within two months from the date of receipt of this order and if such appeal is filed, the authority shall consider the appeal of the petitioner without unsuiting the petitioner on the ground of limitation and dispose of appeal within three months thereafter. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U