Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24001 of 2019 ====================================================== Lalita Devi Wife of Jalendhar Sah, Resident of Village-Jhammanganj, P.O. and P.S.-Jandaha, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, Integrated Child Development Scheme, Bihar, Patna. 4.

The District Magistrate, Vaishali.

5.

The District Programme Officer, Vaishali at Hajipur. 6.

The Child Development Project Officer, Jandaha, Vaishali. 7.

The Lady Supervisor, Child Development Project, Jandaha, Vaishali. 8.

The Ward Member, Ward No. 02, Gram Panchayat Raj Hazraj Jandaha, Block-Jandaha, Vaishali.

9.

The In-Charge Headmaster, Krishna Kumari Vidyamandir Govt. High School, Dharhara (PO.) Sarai, District-Vaishali. 10.

Usha Devi, Wife of Navin Kumar Sah, Resident of Village-Jhammanganj, P.O. and P.S.-Jandaha, District-Vaishali.

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

For the Petitioner/s :

Mr.Kumar Pankaj For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2019 Heard both sides.

2. Petitioner filed this writ petition for a direction to conduct an enquiry by higher authority in the selection of Anganbari Sahaika for Centre No.289 situated in Ward No.02 under Gram Panchayat Raj Hazrat Jandaha, Vaishali.

3. Learned counsel for the petitioner submits that Aam Sabha was held for appointment of Anganbari Sahaika and on the basis of marks obtained by the petitioner, the petitioner was

Patna High Court CWJC No.24001 of 2019(2) dt.03-12-2019 2/3 placed at serial no.2 in the merit list. Rinku Kumari was placed at serial no.1 and she was appointed but later on Rinku Kumari resigned from the post of Anganbari Sahaika. The authority selected private respondent Usha Devi, whose name appeared at serial no.3 in the merit list.

4. Learned counsel for the petitioner drew my attention at page 35 of the brief and submitted that earlier Lalita Devi (petitioner) was placed at serial no.2 in the merit list but some interpolation was made and she was placed at serial no.3 in the merit list. This fact shows that later on Usha Devi (private respondent) produced another certificate obtaining 70.375 marks in the examination of Class VIII and she was selected. The petitioner has already filed petition before the District Programme Officer, Vaishali on 30.08.2019. It is also submitted that the guidelines for appointment of Anganbari Sevika/Sahaika also shows that if any irregularity is found in the selection process of Anganbari Sevika/Sahaika, the aggrieved party may file petition before the competent authority. The petitioner also filed petition and the same may be treated as appeal against illegal selection process.

5. Having considered the submissions of learned counsel for the petitioner, I dispose of this writ petition with a

Patna High Court CWJC No.24001 of 2019(2) dt.03-12-2019 3/3 direction to the District Programme Officer, Vaishali at Hajipur to treat the petition of the petitioner as appeal and pass order in accordance with law after hearing the parties within three months from the date of receipt of this order.

6. With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Harish/- U