Amita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15521 of 2018 ====================================================== Amita Kumari Wife of Sunil Kumar Resident of Village Isharve, P.S.- Fatehpur, District-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Programme Officer, Gaya 3.

The Child Development Project Officer, Fatehpur, Gaya 4.

The Lady Supervisor Salaiyakala, Gaya 5.

Suman Kumari W/o Birendra Kumar R/o Village Isharve, P.S. Fatehpur, District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr. S. K. Mandal, SC-3 Mr. Bipin Kumar, (AC to SC-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for challenging the order dated 26.06.2018 passed by the District Programme Officer, Gaya contained in Memo No. 1195 dated 03.07.2018 for the post of Anganwadi Sevika at Centre Isharve, Centre Code 247 situated in Panchayat Salaiyakala, Block Fatehpur, District-Gaya.

3. Learned counsel for the State raised preliminary objection and submits that the petitioner has failed to avail the statutory remedy under the relevant Margdarshika for the

Patna High Court CWJC No.15521 of 2018(2) dt.27-08-2024 2/2 appointment of Anganwadi Sevika & Sahayika Guidelines. He submits that the petitioner ought to prefer appeal before the District Magistrate, Gaya against the said order.

4. In response thereof, learned counsel for the petitioner submits that in the counter-affidavit, certain materials has come, which is basically in support of the petitioner.

5. In the light of the submissions made by the parties, this Court is hereby disposed off the present writ application granting liberty to the petitioner to avail the remedy of appeal before the statutory authority mentioned in the relevant Guidelines for the appointment of Anganwadi Sevika & Sahayika within 30 days along with the order passed by this Court.

6. The appellate forum upon filing the appeal within 30 days shall be at liberty to condone the appeal and pass order on merit in appeal, hearing the concerned parties within 90 days. The said 90 days shall be counted from the date of appearance of the parties.

(Dr. Anshuman, J) sadique/- U