Patna High Court
Manisha Kumari vs The State Of Bihar And Ors on 11 February, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2220 of 2019
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Manisha Kumari Wife of Manjay Kumar Resident of Village- Bishunpur Arar,
P.S.- Goraul, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Department Social Welfare,
Bihar, Patna
2. The Director, Department of Social Welfare, Bihar, Patna
3. The Commissioner, Tirhut Division, Muzaffarpur
4. The District Magistrate, Muzaffarpur
5. The District Programme Officer, Muzaffarpur
6. The District Welfare Officer, Muzaffarpur
7. The Child Development Project Officer, Chehra Kala Block, Muzaffarpur
8. Veena Kumari Wife of Prem Kumar Sahni Resident of Village- Bishunpur,
Arara, P.S.- Goraul, District- Vaishali
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Singh
Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal
SC-3
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 11-02-2019 Heard the learned counsel for the petitioner and the State.
The petitioner is aggrieved by the decision of the concerned respondent in not appointing her on the post of Anganwari Sevika in the district of Hajipur and unauthorizedly the post having been given to the private respondent no. 8 who stood lower than the petitioner in the merit list. Patna High Court CWJC No.2220 of 2019 dt.11-02-2019 2/3 Learned counsel for the petitioner has submitted that pursuant to an advertisement for appointment of Anganwari Sevika, the petitioner applied along with others and her candidature was considered by the Aam Sabha on 10.11.2018. In the aforesaid Aam Sabha, the petitioner was kept at serial no. 1 of the merit list whereas private respondent no. 8 was placed below the petitioner at serial no. 2.
The learned counsel for the petitioner has further submitted that despite this, the private respondent no. 8 has been appointed on the post of Anganwari Sevika on the ground that the petitioner at serial no. 1 did not hail from the ward for which the Anganwari Sevika centre was set up.
It has been submitted on behalf of the petitioner that along with the proof of the petitioner falling in the area from where Anganwari Sevika for the aforesaid centre had to be selected, a representation was made with several reminders to the District Programme Officer, Hajipur but such representation / reminders have fallen on deaf ears.
Under the aforesaid circumstances, the petitioner is now directed to prefer a fresh representation along with the Patna High Court CWJC No.2220 of 2019 dt.11-02-2019 3/3 proof in support of her claim before the District Programme Officer, Hajipur, within a period of four weeks from today. On receipt of such application / representation, the District Programme Officer, Hajipur, after giving opportunity to the petitioner as well as private respondent no. 8, shall pass a reasoned order, within a period of eight weeks thereafter.
With the aforesaid observation / direction, this writ petition stands disposed off.
(Ashutosh Kumar, J) skm/-
AFR/NAFR N.A.F.R. CAV DATE Uploading Date 14.02.2019 Transmission Date