Patna High Court
Priti Kumari Singh vs The State Of Bihar on 9 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6944 of 2021
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Priti Kumari Singh Wife of Ratnesh Kumar Singh, resident of Village -
Kaurudhauru P.S. Manjhi Dist. - Saran at present residing at Village Dhani
Chapra P.S. Manhji Dist. Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Social Welfare Deptt. Patna.
2. The Director, I.C.D.S., Social Welfare Deptt. Govt. of Bihar, Patna.
3. The District Magistrate, Saran.
4. District Programme Officer, I.C.D.S., Saran, Chapra.
5. Child Development Project Officer, Manjhi, Dist. Saran.
6. Sunita Singh, Wife of Late Amrendra Kumar Singh, Resident of Village -
Dhani Chapra, P.S. Manjhi, Dist. - Saran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondent Nos. 1 to
5.
3. Service of notice to respondent No. 6 is dispensed
since no adverse order is passed.
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That this application is being filed for issuance of
writ in the nature of Mandamus direction to the Respondents
to make selection of the petitioner after cancelling the
Patna High Court CWJC No.6944 of 2021 dt.09-02-2022
selection of Respondent No. 6 as Anganwari Sevika as her
selection is illegal and without following of selection
procedure at Kauru Dhaura Panchayat in the district of Saran."
5. The petitioner without exhausting statutory remedy of
appeal presented this petition and petition is not maintainable in
view of the Apex Court decision in the case of State of Jammu
and Kashmir V/s. R.K.Zalpuri and others reported in AIR 2016
SC 3006, Paragraph-20 which is 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;
(f) Grant of relief is against public policy or barred by any
valid law; and host of other factors"
6. In view of the aforesaid decision, the present petition
is premature, therefore, the petitioner is at liberty to prefer appeal
Underline Emphasized
Patna High Court CWJC No.6944 of 2021 dt.09-02-2022
before the Appellate Authority within a period of eight weeks
from the date of receipt of this order. If such appeal is preferred by
the petitioner, the same shall be considered after giving ample
opportunity of hearing to the petitioner as well as 6 th respondent -
Sunita Singh. Such exercise shall be completed within a period of
three months from the date of receipt of appeal.
7. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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