Md. Kamal Anwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6984 of 2018 ====================================================== Md. Kamal Anwar S/o Late Hannan R/o Vill.-Sarmera P.S. Sarmera in the District of Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Patna Division, Patna. 3.

The Director I.C.D.S. Bihar Patna.

4.

The District Magistrate, Nalanda.

5.

The District Program Officer, Nalanda.

6.

The Child Development, Project Officer, Sarmera, Nalanda. 7.

The Block Development Officer, Sarmera, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed with the following relief(s):- "(i) To command the respondent authority to conduct the selection process of Anganbadi Sevika/Sahayka, as per the reservation roster fixed by the State Government, as per the guideline vide Memo No. 622 dated 16.02.2012, issued by the Directorate I.C.D.S. under the Social Welfare Department, Government of Bihar, Patna.

(ii) To command the respondent authority

Patna High Court CWJC No. 6984 of 2018(4) dt.08-04-2024 2/2 to stay the selection of 39 Anganbari Sevika/Sahayka which is still under process since, 15.03.2018 under Sarmera Block against the reservation roster fixed by the State Government in arbitrary manner.

(iii) For issuance of direction to the respondent authority to re-schedule the reservation process, as per the guideline issued by the Directorate of I.C.D.S., Government of Bihar, Patna."

3. Learned counsel for the State has raised preliminary objection that the petitioner has not availed his remedy according to the guideline framed for the appointment of Anganbadi Sevika/Sahayka before the original forum, as mentioned in the said guidelines and he has come before this Court directly.

4. In this view of the matter, this writ application is disposed of directing the petitioner to challenge the same before the appropriate authority, according to the then guideline under which the case of the petitioner comes.

5. Accordingly, the present writ application stands disposed of.

(Dr. Anshuman, J) sadique/- U