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Jharkhand High Court

Basmati Devi vs State Of Jharkhand & Ors on 5 January, 2011

Author: Narendra Nath Tiwari

Bench: Narendra Nath Tiwari

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            W.P.(S) No. 5534 of 2010

          Basmati Devi                        ..............    ............   Petitioner
                                      Versus
          The State of Jharkhand & Ors.       ..............    ............   Respondents.
                                      ..............
          CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                          ..............
             For the petitioner             :          Mr. R.N. Prasad, Advocate
             For the State                  :          J.C. to G.P.IV.
                                           .............
2/05.01.2011

: In this writ petition, the petitioner has prayed for quashing the proceeding dated 12.3.2010 of General Meeting of the Gram Sabha of village Harlatand, which resolved to appoint respondent No.6 on the post of Angan Bari Sevika ignoring the prescribed norms of eligibility and legitimate claim of the petitioner.

It has been stated that the petitioner has requisite qualification and eligibility for being appointed as Angan Bari Sevika and respondent No. 6 is not only ineligible, she is also below 18 years of age. She also produced a forged certificate. Petitioner raised objection, but the same was not heeded upon by the interested villagers. The petitioner, thereafter, filed her objection against the appointment of respondent No.6 before the Deputy Commissioner, Dumka on 21.5.2010, but the Deputy Commissioner has also not considered and decided the matter till date.

Learned J.C. to G.P.IV appearing on behalf of the respondents, submitted that if the petitioner's representation is still pending or if she files a fresh representation before the Deputy Commissioner, Dumka, the same shall be considered and appropriate order shall be passed.

Considering the said submissions, this writ petition is disposed of giving liberty to the petitioner to file a fresh representation giving required details before the Deputy Commissioner, Dumka. On receipt of the representation, the Deputy Commissioner shall enquire into the matter and pass appropriate order in accordance with law within a period of two months from the date of receipt of the representation.

(Narendra Nath Tiwari, J) Shamim/