Patna High Court
Pritee Kumari vs The State Of Bihar on 21 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7308 of 2021
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Pritee Kumari W/o- Shailendra Sah R/o- Village- Bhagawanpur, P/o-
Rampurrudra, P/S- Panapur, District- Saran, PIN- 841424, Bihar, 2nd address-
D/o- Arun Sah, Village- Vaironpur, P/s- Doriganj, District- Saran, PIN-
841411, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through District Magistrate, Samaharnalay Saran,
Chapara, District- Chapra, Saran, Bihar.
2. District Programme Officer District- Chapara, Saran, Bihar.
3. Child Development Project Officer Panapur, District- Chapara, Saran, Bihar.
4. Asha Kumari W/o- Sumeshwar Sah R/o- Village- Bhagawanpur, P/o-
Rampurrudra, P/S- Panapur, District- Saran, PIN- 841424, Bihar,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajeet Singh, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal, SC 3
Mr. Bipin Kumar, AC to SC 3
For Respondent No. 4 : Mr. Jeetendra Narayan, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 21-04-2022
Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That this is an application for
issuance of an appropriate writ/writs,
direction/directions, directing the respondent
no. 1,2 and 3 to make necessary
enquires/verifications of the certificates
produced by Asha Kumari, hereinafter referred
as Respondent No. 4 appointed as Sahayeeka,
wrongly (as she was next to the petitioner in
Patna High Court CWJC No.7308 of 2021 dt.21-04-2022
the merit list) cancel/set aside her appointed
and appoint the petitioner Pritee kumari, on the
said post, against the said vacancy as she is 2 nd
in the merit list and the Respondent no. 4 Asha
Kumari is next to Petitioner Pritee Kumari in
the merit list of the said appointment."
3. The petitioner has a statutory remedy of appeal before
the Appellate Authority. Without exhausting the remedy of appeal,
petitioner has rushed to this Court. Apex Court in the case of State
of Jammu and Kashmir V/s. R.K.Zalpuri and others reported in
AIR 2016 SC 3006, Paragraph-20 held as under:
"20. Having stated thus, it is useful to refer to a passage
from City and Industrial Development Corporation V/s.Dosu
Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168},
wherein this Court while dwelling upon jurisdiction under
Article 226 of the Constitution, has expressed thus:-
"The Court while exercising its jurisdiction under Article 226
is duty-bound to consider whether:
(a) Adjudication of writ petition involves any complex and
disputed question of facts and whether they can be
satisfactorily resolved;
(b) The petition reveals all material facts;
(c) The petitioner has any alternative or effective remedy for
the resolution of the dispute;
(d) Person invoking the jurisdiction is guilty of unexplained
delay and laches;
(e) Ex facie barred by any laws of limitation;
Underline Emphasized
Patna High Court CWJC No.7308 of 2021 dt.21-04-2022
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
4. One of the principle laid down in the aforesaid decision is
writ could be entertained only as and when concerned party
exhausted statutory remedy of appeal. In the light of these facts
and circumstances, writ petition stands disposed off.
5. Reserving liberty to the petitioner to prefer appeal before
the Appellate Authority within a period of eight weeks from the
date of receipt of this order. On receipt of such appeal to be filed
by the petitioner, the Appellate Authority is hereby directed to
decide petitioner's appeal within a period of four months from the
date of receipt of appeal after due hearing of petitioner and 4th
respondent - Asha Kumari.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 27.04.2022
Transmission Date
