Patna High Court
Puja Kumari vs The State Of Bihar on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2963 of 2021
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Puja Kumari, W/o Rajan Kumar, Resident of Village- Pirnagar, P.O.-
Gamahariya P.S.- Naokothi, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Director, Social Welfare Department, Government of Bihar, Patna.
3. The Director, Integrated Child Development Scheme (ICDS), Bihar, 2nd
Floor, Indira Bhawan, R.C. Singh Path, P.O.-Punaichak, District-Patna.
4. The Divisional Commissioner, Munger.
5. The District Magistrate, Begusarai.
6. The Child Development Project Officer (C.D.P.O.), Naokothi, Begusarai.
7. The District Programme Officer, Begusarai.
8. Sarika Kumari, W/o Raj Kishore Paswan, Resident of Village- Pirnagar,
P.O.- Gamahariya, P.S.-Navkothi, District- Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Respondent/s : Mrs. Kumari Amrita, GP-3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 28-01-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. Service of notice to 8th respondent Sarika Kumari is
dispensed with, since no adverse order is passed.
3. Learned counsel for the petitioner is hereby directed
to furnish copy of the writ petition to the learned counsel for the
respondents.
4. Heard learned counsel for the parties.
Patna High Court CWJC No.2963 of 2021 dt.28-01-2022
5. In the instant petition, the petitioner has prayed for the
following reliefs:
"(A) For issuance of an appropriate writ/writs in the
nature of mandamus for commanding and directing the
concern respondents authorities to issue an
appointment letter in favour of the petitioner for the
post of 'Anganbadi Sevika' at Anganbadi Kendra
No.106 for Ward no. 9 under Gram Panchayat Raj
Pashra (East) Block Naokothi, District- Begusarai
keeping in view of panel of merit list prepared by the
authorities on the basis of candidates participated in
the counseling in which petitioner secured highest
Percentage of marks i.e. 61.8% and her name placed
on 1st position in the said merit list whereas Private
respondents secure only 38.5% and placed on 5 th
position in said merit list but unfortunately petitioner
candidature for appointment was denied arbitrary and
illegally Private respondents who has lesser percentage
of marks than petitioner was appointed was said post.
(B) For quashing and set-aside the selection and
appointment of Private respondent no.8 namely Sarika
Kumari who was illegally selected and appointed on
the post of 'Anganbadi Sevika' at Anganbadi Kendra
no.106 for Ward no. 09 under Gram Panchayat Raj
Pashara (East) Block Naokothi, District- Begusarai in
complete violation of panle of merit list in which she
has only 38.5% marks, which is much lesser than
petitioner who secured 61.8% and obtain 1st position in
said merit list.
(C) For issuance of an appropriate writ / writs in nature
of mandamus for commanding and directing the
Patna High Court CWJC No.2963 of 2021 dt.28-01-2022
respondent no. 4 i.e. Divisional Commissioner Munger
to consider the matter of petitioner in service appeal
no.10/2020 accordance with law within stipulated
period.
(D) And for any other relief/reliefs for which the
petitioner is found to be initialed under the provision
of law involved in the present case."
6. Undisputedly Appeal No. 10 of 2020 is pending
consideration before the Appellate Authority.
7. Accordingly, the Appellate Authority is hereby
directed to consider the appeal of the petitioner (Appeal No. 10 of
2020) and pass speaking order after hearing the petitioner and
contesting respondent, namely, Sarika Kumari (respondent no.8).
8. The above exercise must be completed within a period
of four months from the date of receipt of a copy of this order.
9. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2022
Transmission Date NA
