Meena Kumari vs The State Of Jharkhand And Others
2024 Latest Caselaw 1253 Jhar

Jharkhand High Court

Meena Kumari vs The State Of Jharkhand And Others on 7 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                 W.P. (S) No. 3024 of 2023

                Meena Kumari                            ...        ...       Petitioner
                                     Versus
            The State of Jharkhand and others ...     ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mrs. Sweta Shukla, Advocate For the Resp. No. 6 : Mr. Suraj Prakash, Advocate

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07/07.02.2024 Learned counsel for the parties are present.

2. A supplementary affidavit has been brought on record stating that on Aam Sabha held on 24.01.2024, no decision has been taken.

3. After hearing the learned counsel for the parties this Court finds that the only point involved in the present case is as to whether the respondent no. 6 who originally belongs to the State of Bihar and of scheduled caste category candidate, married in the State of Jharkhand and is daughter-in-law in concerned village can claim the status of a scheduled caste for the purposes of her appointment as Anganbari Sevika. It is not in dispute that the respondent no. 6 has better educational qualification than that of the petitioner.

4. Considering the point involved in the present case, this Court appoints Mr. Subhasis Rasik Soren as an Amicus in the matter to assist this Court on the law point involved in this case. The counsel for the parties shall also advance their argument.

5. The learned counsels for the parties have submitted that since the point involved is a point of law, no further affidavit may be required in the present case.

6. The Rules governing Anganbari Sevika is not on record. The counsel for the State shall produce the same on the next date of hearing. The learned counsel for the petitioner has referred to a judgment passed by this Court in W.P.(S) No. 3050 of 2019 decided on 13.12.2023.

7. Let a copy of the entire records of this case provided to Mr. Subhashis Rasik Soren, Advocate, by the petitioner during the course of the day.

8. Post this case for further hearing on 21.02.2024 under appropriate heading.

9. I.A. No. 606 of 2024 having been rendered infructuous is closed.

10. In the meantime, if the parties want to file supplementary affidavit on the aforesaid point involved in the present case, they may do so by 15.02.2024.

(Anubha Rawat Choudhary, J.) Binit