Patna High Court
Punam Kumari vs The State Of Bihar on 4 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1033 of 2019
In
Civil Writ Jurisdiction Case No.521 of 2019
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Punam Kumari, W/o Ajay Kumar, Resident of Mohalla- Maharajganj, Ward
No- 14, P.S. Rafiganj, District- Aurangabad.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, New Secretariat, Patna.
3. The Director, I.C.D.S., Bihar Indra Bhawan, Boaring Canal Road, Patna.
4. The District Collector, Aurangabad.
5. The District Programme Officer, Aurangabad.
6. The C.D.P.O. Rafiganj, Aurangabad.
7. Soni Kumari W/o Ranjit Kumar Resident of Mohalla-Pathak Tola, Ward No.
11, P.S.-Rafiganj, Distt. Aurangabad.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Birendra Kumar Singh, Adv.
For the Respondent/s : Mr.Gyan Prakash Ojha (G.A7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 04-02-2021
Heard the parties.
Being aggrieved by judgment and order dated
25.07.2019 passed in C.W.J.C. No. 521 of 2019 passed by
learned Single Judge of this Hon'ble Court dismissing the writ
petition appellant/petitioner has preferred this L.P.A.
Briefly stated, the facts of the case is that
appellant/petitioner had filed a complaint against selection of
Soni Kumari, respondent no. 7 before the District Programme
Patna High Court L.P.A No.1033 of 2019 dt.04-02-2021
Officer, Aurangabad, giving rise to Anganbari Case No. 33/2016
which was dismissed on 22.06.2016 against which
appellant/petitioner preferred Anganbari Appeal Case No.
33/2015 which was also dismissed by order dated 03.08.2018
passed by the Collector, Aurangabad.
Appellant/petitioner thereafter filed a writ petition
being C.W.J.C. No. 521 of 2019 against the order passed by the
respondent authorities alleging therein that Soni Kumari,
respondent no. 7 is an outsider and as such she is not eligible for
being appointed on the post of Anganbari Sevika, Code No. 241
Centre Maharajganj, Ward No. 14 of Nagar Panchayat, Rafiganj,
Aurangabad. In support of her allegations, she submitted various
documents in order to demonstrate that respondent no. 7 is not
the resident of said area and as such was not eligible to be
appointed on the post of Anganbari Sevika whereas several
documents were also submitted by the respondent no. 7 to show
that she is resident of said Ward.
The writ petition was dismissed on the ground that
under the guidelines of 2011 issued by the State Government for
selection on the post of Sevika/Sahayika in clause 4 sub-Clause
4.5, it has been specified that residential certificate issued by
competent authority shall be the valid document for purpose to
Patna High Court L.P.A No.1033 of 2019 dt.04-02-2021
determine residence of candidates who have applied for
appointment on the post of Sevika/Sahayika of Anganbari
Centre. In the present case respondent no. 7 had submitted
residential certificate issued by the Circle Officer, who is the
competent authority for issuing the residential certificate, as
such, she was eligible to be appointed on the post of Anganbari
Sevika and dismissed the writ petition of appellant/petitioner.
This Court does not find any error or infirmity in the
order passed by the learned Single Judge requiring any
interference by this Court, accordingly this L.P.A. is dismissed
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.02.2021
Transmission Date NA
