Shahida Warsi vs The State Of Bihar
2022 Latest Caselaw 1208 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9702 of 2021
     ======================================================

Shahida Warsi W/o Sharif Ahmad Ansari Resident of Village-Sallahpur, P.O.- Dindayalpur, P.S.-G.B. Nagar, Tarwara, Dist-Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Social Welfare Department Government of Bihar, Patna.

2. The Additional Chief Secretary, Social Welfare Department, Govt. of Bihar, Patna.

3. The Director, Integrated Child Development Services, Bihar Patna.

4. The District Magistrate, Siwan.

5. The District Programme Officer, Siwan

6. The Child Development Project Officer, Barharia, Siwan

7. Sharda Kumari Daughter of Gopalji Shah, Ward No-13, Resident of Village-

Sallahpur,-P.O.-Dindayalpur, P.S.-G.B. nagar, Tarwara, Dist-Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhuri Lata For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022

The matter has been heard via video conferencing

due to circumstances prevailing on account of the COVID-19

pandemic.

Learned counsel for the State accepts notice for

respondent nos. 1 to 6.

Service of notice to respondent no.7 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.9702 of 2021 dt.18-02-2022

"For issuance of appropriate

Writ/Writs, direction/directions to the

respondents authorities to get the

selection process completed for

appointment of the petitioner on the

post of Anganwari sevika at

Dindayalpur Panchayat, Ward No.-13,

Block-Barharia, Dist.-Siwan from the

advertisement published in 2019, and

for quashing of selection process and

selection of Respondent No.7 as

Anganwari sevika for Dindayalpur

Panchayat, Ward No.-13, Block-

Barharia, Dist.-Siwan from the

advertisement of 2017, which has

already been cancelled by Annexure-4

of the writ petition, in the facts and

circumstances of the case and for

quashing order dated 29.06.2019

passed by the District Programme

Officer, Siwan, which is Annexure-5 of

the writ petition by which selection Patna High Court CWJC No.9702 of 2021 dt.18-02-2022

process of Respondent No.7 as

anganwari sevika from the

advertisement of 2017 for the said

panchayat."

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

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 Patna High Court CWJC No.9702 of 2021 dt.18-02-2022

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".

If the petitioner has a grievance against selection

and appointment of respondent no.7-Sharda Kumari and sought

for quashing of the order dated 29.06.2019 and further direction

for consideration of her name. She has a remedy of appeal

before the appellate authority-District Magistrate, Siwan.

Therefore, the petitioner is at liberty to prefer appeal before the

District Magistrate, Siwan within a period of eight weeks from

the date of receipt of this order. If such appeal is filed, the

District Magistrate, Siwan is hereby directed to decide the Patna High Court CWJC No.9702 of 2021 dt.18-02-2022

petitioner's appeal after providing ample opportunity of hearing

to the petitioner as well as respondent no.7-Sharda Kumari.

Such exercise shall be completed within a period of three

months from the date of receipt of such appeal.

With the above observation, writ petition stands

disposed of.

(P. B. Bajanthri, J) Ankit/-

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                23.02.2022
Transmission Date                 NA