Sita Kumari @ Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.99 of 2020 ====================================================== Sita Kumari @ Sita Devi W/o Santosh Kumar R/o Village- Semri (Dev) Block and P.S.- Kargahar, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Social Welfare, Govt. of Bihar, Patna.

2.

The District Magistrate, Rohtas.

3.

The District Programme Officer, Rohtas.

4.

The Child Development Project Officer, Kagahar, District- Rohtas. 5.

Amrita Kumari W/o Jitendra Kumar, R/o Village- Semri (Dev), Block and P.S.- Kargahar, District- Rohtas.

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

For the Petitioner/s :

Mr. Sanjay Sinha, Advocate For the State :

Mr. Sunil Kumar Mandal, S.C. 3 Mr. Arjun Prasad, A.C. to S.C. -3 Mr. Bipin Kumar, A.C. to S.C. 3 Mr. Ravi Ranjan Kumar Singh, A.C. to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2020 Heard learned counsel for the parties.

2. It is the petitioner's case that respondent No. 5 has been selected as Anganbari Sevika for Ward No. 04 under Gram Panchayat Semir, in the District of Rohtas on the basis of certificate in support of her educational qualification, which is invalid. The petitioner had also participated the selection process and because of invalid certificate of respondent No. 5 which has been relied on by the selection committee, the petitioner has not been selected and instead respondent No. 5 has been selected.

3. The petitioner has challenged selection of respondent

Patna High Court CWJC No.99 of 2020(2) dt.24-01-2020 2/2 No. 5 as Anganbari Sevika in the aforesaid background. Respondent No. 5 is said to have secured certificate of having passed Secondary Examination from Madhyamic Siksha Parishad, Madhya Bharat, Gwalior. The Child Development Project Officer has sought guidelines from the District Programme Officer, Rohtas, Sasaram, as to whether the said certificate is valid or not for the purpose of selection through letter dated 29.08.2018, but till date, no decision has been taken.

4. This writ application is, accordingly, disposed of with a direction to the District Programme Officer, Rohtas, Sasaram, to take a final decision as to whether selection of respondent No. 5 on the basis of the certificate in question is valid or not, and as to whether the said certificate issued by Madhyamic Siksha Board, Madhya Bharat, Gwalior, is from a recognized institution or not. Decision must be taken within two months from the date of receipt/production of a copy of this order by the District Programme Officer.

(Chakradhari Sharan Singh, J) S.Ali/- U