Patna High Court
Munni Khatoon vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8566 of 2020
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Munni Khatoon Wife of Md. Faisal, Village - Bhagwanpur Ghoncha, P.O.-
Choumukh P.S. - Bochahan, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through its Director Department of Social Welfare, Govt.
of Bihar, Patna.
2. The Director, Department of Social Welfare Govt. of Bihar, Patna.
3. The District Magistrate Muzaffarpur, District - Muzaffarpur.
4. The District Programme Officer, Muzaffarpur, District - Muzaffarpur.
5. The Block Development Officer, Bochahan, District - Muzaffarpur.
6. The Child Development Programme Officer Bochahan, District -
Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh
For the Respondent/s : Mr. Lalit Kisgore, AG
For the State : Mr. Sunil Kumar Mandal, SC 3
: Smt. Neelam Kumari, Advocate
: Mr. Bipin Kumar, Advocate
: Mr. Arjun Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 22-11-2021
In the instant petition, petitioner has prayed for
following relief/reliefs:
"(i) For issuance of an appropriate writ in the
nature of certiorari for quashing the letter No. 477 dated
8.09.2020 issued under the signature of the child
development project officer, Bochahan whereby and
whereunder a direction has been given for re-survey of the
population of ward No. 7, centre No. 274 under Panchayat
Raj Lohsari, Block Bochahan, because such decision is in
teeth of law laid down by the Hon'ble Apex Court by which
it has held that after commencement of process no any
change can be made in the selection Process nor eligibility
can be deferred.
Patna High Court CWJC No.8566 of 2020 dt.22-11-2021
(ii) For issuance of an appropriate writ in this
nature of Mandamus Commanding and directing the
respondent to convene the meeting of general body and
select the petitioner being the top candidate in the merit list
as per norms and eligibility fixed in the advertisement.
(iii) For issuance of any other appropriate writ/
writs, order/orders, direction/directions for which the writ
petitioner shall be found entitled under facts and
circumstances of the case."
Petitioner is stated to be a candidate for recruitment to
the post of Anganwari Sevika which is stated to be reserved for
general merit. During process of selection, one of the candidate
stated to have made a representation to the Department that the
post should have been earmarked to backward classes instead of
general merit. The same was taken note of and there is a
correspondence between C.D.P.O and women supervisor as is
evident from Annexure 5 dated 08.09.2020. Thus the petitioner has
presented this petition on the presumption and assumption that the
post of general merit pursuant to the advertisement is likely to be
cancelled and it would be reserved for backward classes. Such
assumption and presumption cannot be appreciated unless and
until advertisement for Anganvari Sevika general merit category is
withdrawn or cancelled. Therefore, the petitioner has not made out
the case so as to interfere with the Annexure 5 dated 08.09.2020.
However, disposal of the present petition would not come in the
way of competent authority to complete the process of selection
Patna High Court CWJC No.8566 of 2020 dt.22-11-2021
and appointment to the post of Anganwari Sevika general merit
category pursuant to the earlier advertisement within a period of
four weeks in accordance with law.
Writ petition is disposed of.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.11.2021
Transmission Date NA
