Patna High Court
Sunita Kumari vs The State Of Bihar on 15 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 6565 of 2021
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Sunita Kumari W/o Jay Prakash Singh Resident of Village-Ram Nagar, P.O.-
Sakri, P.S.-Dawath, Distirct-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Rohtas at Sasaram
2. The Collector, District Rohtas.
3. District Programme Officer, Rohtas at Sasaram
4. Child Development Project Officer, Dawat, Rohtas.
5. Rinki KUmari W/o Munna Kumar Sharma Resident of Village-Ramnagar,
P.O.-Sakri, P.S. Dawath, District-Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dudh Nath Singh, Advocate
For the State : Mr. Rajesh Kumar, AC to GP-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 15-12-2021
Heard learned counsels for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
(i) For issuance of
direction/directions or order/orders or
writ/writs particularly in the nature of
certiorari for quashing the order dated
05.02.2019 passed in Anganbari Appeal
Case No. 01/2018 by which the Collector-
cum-District Magistrate, Rohtas (Sasaram)
set aside the order dated 17.02.2018 passed
in Anganbari Sevika Appeal Case No.
21/2016 by the District Programme Officer,
Rohtas and remitted back the case to him for
fresh hearing accordance with law and after
hearing the parties pass a fresh order within
a period of one month and inform to same to
the appellate authority as well as
consequential order dated 25.01.2021
Patna High Court CWJC No.6565 of 2021 dt.15-12-2021
contained in Memo No. 77 passed by the
same authority by which review its own order
by saying that selection of private respondent
no. 5 is errorless and issue direction to the
Child Development Project Officer, Dawath
to issue selection letter in favour of the
private respondent and ascertain her joining
on the post of Anganbari Sevika of
Anganbari Sevika Centre Ramnagar, Code
No. 114.
(ii) For issuance of
direction/directions or order/orders or
writ/writs particularly in the nature of
mandamus for commanding and directing the
respondents after quashment of the impugned
orders (Annexure-1 and 2 of the writ
application) reinstate the petitioner on the
said post with all consequential benefit.
(iii) For any other incidental and
consequential relief to which the petitioner is
found fit under the fact and circumstances of
this case."
Petitioner's candidature for the post of Anganbari Sevika
is rejected on the score that petitioner's brother is a teacher in the
very same Block. The petitioner is barred to apply Anganbari
Sevika in terms of Guidelines for selection to the post of
Anganbari Sevika/Sahayika, 2011.
Learned counsel for the petitioner submitted that
identical clause was subject matter before this Court it has struck
down in its order dated 06.05.2010 passed in CWJC No. 12911 of
2017 (Sunita Kumari vs. The State of Bihar & Ors.) reported in
Patna High Court CWJC No.6565 of 2021 dt.15-12-2021
2010(3) PLJR 68, therefore, the respondents cannot debar the
petitioner to the Anganbari Sevika post.
As long as there is a bar in the year 2011 Policy and it is
not struck down by the competent forum or withdrawn by the State
Government the petitioner is barred to make necessary application
for the post of Anganbari Sevika if her brother is Government
Employee/Teacher. The petitioner has not questioned the validity
of clause imposed in the year 2011 policy.
Accordingly, writ petition stands dismissed.
The petitioner is at liberty to question the relevant clause
barring the petitioner to participate in the process of selection and
appointment to the post of Anganbari Sevika with reference to
order dated 06.05.2010 passed in CWJC No. 12911 of 2017
(Sunita Kumari vs. The State of Bihar & Ors.) reported in
2010(3) PLJR 68 in respect of earlier policy decision.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
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