Patna High Court
Ranti Kumari vs The State Of Bihar on 2 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5017 of 2021
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Ranti Kumari Wife of Bipin Kumar Residence of Village-Fatehpur, Post and
Police Station-Sare, District-Nalanda (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Governement of Bihar, Patna.
2. The Director, I.C.D.S., Department of Social Welfare, Government of Bihar,
Patna.
3. The District Magistrate, Nalanda.
4. The District Program Officer, I.C.D.S., Nalanda.
5. The Child Development Project Officer (C.D.P.O.), Block-Asthawa,
District-Nalanda.
6. The Block Development Officer, Block-Asthawa, District-Nalanda.
7. The lady Supervisor, Bolock-Asthawa, District-Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranvijay Singh
For the Respondent/s : Mr. Lalit Kishore ( Ag )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 02-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of consequence writ in the nature
of mandamus directing and commanding the respondents
particularly The Child Development Project Officer, Asthawa,
Nalanda i.e., respondent no. 6 and The Lady Supervisor,
Asthawa, District - Nalanda i.e. respondent no. - 7 to initiate
and start selection process for the post of Sahayika and further
be pleased to appoint / selection the present petitioner on the
post of Aanganbari Sahayika at ward no. 14, falling within
Patna High Court CWJC No.5017 of 2021 dt.02-02-2022
under Gram Panchayat Kaila of Asthana Block in the District
of Nalanda.
(ii) Any other relief/reliefs for which the petitioner
is found entitled in the facts and circumstances of this case."
3. 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 has held as under:
"20. Having stated thus, it is useful to refer to a passage
form 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"
Underline Emphasized
Patna High Court CWJC No.5017 of 2021 dt.02-02-2022
4. 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. The Appellate Authority is
hereby directed decide the petitioner's appeal within a period of
two months from the date of receipt of such appeal.
5. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
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