Patna High Court
Pinki Kumari vs The State Of Bihar on 17 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9451 of 2021
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Pinki Kumari Wife of Sakaldev Sah Resident of Village Sarkanda, P.S. Sono,
Anchal Sono, District Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Department, Government of Bihar, Patna.
2. The District Collector, Jamui.
3. The District Programme Officer, Jamui.
4. The Child Development Project Officer, Sono, Jamui.
5. The Woman Supervisor, Sono, Department of Child Development Project,
District Jamui.
6. Anita Devi Wife of Indradeo Sah Resident of Village Sarkanda, P.S. Sono,
Anchal Sono, District Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Balram Kapri
For the Respondent/s : Mr. Lalit Kishore (AG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for State accepts notice for
respondent nos. 1 to 5.
Service of notice to respondent no. 6-Anita Devi is
dispensed since no adverse order is passed against her.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
Patna High Court CWJC No.9451 of 2021 dt.17-02-2022
"This writ application is being
filed by the petitioner, who was
Anganwadi Sevika at Ward No.9
Panchayat Chhuchhunariya, within
Block Sono, District Jamui,
respondent no.6 was the candidate of
the same post but, petitioner was
selected. Respondent No.6 raised
alarm before respondent authority on
26.04.2018, against the selection of
petitioner as Sevika in Ward No.9,
village Sarkanda Panchayat
Chhuchhunariya, Anchal Sono,
District Jamui by an order dated
28.03.2018 and respondent no.3 after
hearing remove the petitioner from the
post of Anganbadi Sevika vide case
No. 16/2018, by an order dated
24.07.2020, while Respondent No.3 on
earlier occasion on 28.02.18 vide
letter No. 211 refuse the prayer of
respondent No.6. That the petitioner is
Patna High Court CWJC No.9451 of 2021 dt.17-02-2022
entitled to remain as Anganwadi
Sevika at Ward No.9 within
Chhuchhnariya Panchayat, Block
Sono, District Jamui, therefore,
petitioner prefer this appropriate
writ/writs, order/orders,
direction/directions to the respondents
as your Lordships may deem fit in the
interest of justice."
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 Vs. 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 Vs. 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
Patna High Court CWJC No.9451 of 2021 dt.17-02-2022
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".
In view of the aforesaid decision, the present
petition is premature, therefore, the petitioner is at liberty to
prefer appeal before the appellate authority within a period of
eight weeks from the date of receipt of this order. If such appeal
Patna High Court CWJC No.9451 of 2021 dt.17-02-2022
is preferred by the petitioner, the same shall be considered after
giving ample opportunity of hearing to the petitioner as well as
respondent no. 6-Anita Devi. Such exercise shall be completed
within a period of three months from the date of receipt of the
appeal.
Accordingly, writ petition stands disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.02.2022
Transmission Date NA
