Sarita Kumari @ Sarita Devi vs The State Of Bihar
2022 Latest Caselaw 1729 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7420 of 2021
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Sarita Kumari @ Sarita Devi W/o Rajdeo Sah R/o Village- Bhutahi, Ward no. 12, Centre No. 219, Block and P.s.- Sonbarsa, District- Sitamarhi, Bihar ... ... Petitioner/s Versus

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

2. The District Magistrate, District- Sitamarhi

3. The District Programme Officer (Establishment) Sitamarhi

4. The Child Development Project Officer, Block- Sonbarsa, Sitamarhi

5. The Selection Committee through its Chairman, constituted for selection of the Anganwadi Sevika, Ward no. 12, Block and P.s.- Sonbarsa, District- Sitamarhi

6. Pramila devi W/o Chuman Lal Prasad R/o Village- Bhutahi, Ward no. 12, Panchayat- Dighi, Block and P.s.- Sonbarsa, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Narayan, Advocate For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-03-2022

Heard learned counsel for the parties.

Learned counsel for the State accepts notice for

respondent nos. 1 to 5.

Service of notice to respondent no.6-Pramila Devi

stands dispensed as no adverse order has been passed against

her in the present petition.

In the present petition, petitioner has prayed for the

following relief/reliefs:

Patna High Court CWJC No.7420 of 2021 dt.10-03-2022

"By this application, the petitioner

humbly seeks to invoke the writ jurisdiction

of this Hon'ble Court for, on amongst others,

for the following reliefs:

i. For issuance of a writ of certiorari,

or any other writ/writs, order/orders,

direciton/direcitons, quashing the decision of

the Selection Committee (Respondent No.5),

dated 13.9.2018 (Annexure-3), whereby and

whereunder, respondent no.6, at proposal no.

7 has been selected for the post of

Anganwari Sevika of Ward No.12, Centre

No. 219, Bhutahi Panchayat, Block

Sonbarsa in the district of Sitamarhi;

ii. For issuance of a writ of certiorari,

or any other writ/writs, order/orders,

direciton/direcitons quashing the selection

letter issued under the signature of Lady

Supervisor, Sonbarsa, which has counter-

signed by the Chairman of Selection

Committee, dated 14.9.2018 (Annexure-5)

issued in favour of Respondent No.6, on Patna High Court CWJC No.7420 of 2021 dt.10-03-2022

being selected as Anganwari Sevika of Ward

No. 12, Village Bhutahi, PS, Sonbarsa,

District-Sitamarhi;

iii. For issuance of a writ of

mandamus or any other writ/writs,

order/orders, direciton/direcitons, directing

the respondents, particularly, respondent no.

5 to select the petitioner as Anganwari

Sevika of ward no. 12, Centre No 219,

Bhutahi Panchayat, District-Sitamarhi; and

iv. For grant of any other relief or

reliefs to which the petitioner may be found

entitled in the facts and circumstances of the

case."

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 Patna High Court CWJC No.7420 of 2021 dt.10-03-2022

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 Patna High Court CWJC No.7420 of 2021 dt.10-03-2022

of other factors".

In view of the aforesaid decision, the present

petition is premature, therefore, the petitioner is at liberty to

prefer appeal before Respondent No.2-District Magistrate,

District- Sitamarhi (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 appellate authority is hereby

directed to decide the petitioner's appeal after giving ample

opportunity of hearing to the petitioner as well as respondent no.

6-Pramila Devi. Such exercise shall be completed within a

period of four 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                12.03.2022
Transmission Date                 NA