Patna High Court
Phul Kumari @ Fool Kumari vs The State Of Bihar on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7223 of 2021
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Phul Kumari @ Fool Kumari Wife of Vinay Kumar Resident of village and
Post Tilak Tajpur, P.S. Runnisaidpur, District- Sitamadhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
2. The Director, Integrated Child Development Services, Govt. of Bihar, Patna.
3. The Collector Sitamadhi.
4. The District Program Officer, ICDS Services, Sitamadhi.
5. The Child Development Project Officer, Runnisaidpur, District Sitamadhi.
6. The Block Development officer Runnisaidpur, District Sitamadhi.
7. Smt. Kajal Kumari wife of Mintu Mandal village and post Tilak Tajpur, P.S.
Runnisaidpur, District Sitamadhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. Asit Kumar Jha, AC to GP 2
For the Respondent no. 7: Mr. S.K. Ranjan, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 09-05-2022
Heard learned counsel for respective parties.
In the instant petition, petitioner has prayed for the
following reliefs:-
"(i) For issuance of writ of
appropriate nature, order or direction setting
aside order dated 17.12.20 passed by the
Collector Sitamadhi in disposing of
Anganbari Appeal No. 40/18 (Kajal Kumari
vs. State of Bihar) & Anganbari Appeal No.
48/2018 (Phul Kumari vs. State of Bihar) and
filed against order dated 11.04.2018 passed
by the respondent No. 4 in Anganbari Case
No. 44/2017.
Patna High Court CWJC No.7223 of 2021 dt.09-05-2022
(ii) For setting aside consequential
order dated 11.4.2018 passed by the
respondent No. 4; under which the petitioner
has been removed from the post of Anganbari
Sevika of Anganbari Centre No. 455; ward
no. 14; Village Tilak Tajpur, and the
petitioner prays for an order restoring her on
her post with all consequential benefits of
stipend and allowances.
(iii) For quashing appointment of
respondent No.7 Kajal Kumari contained in
memo no. 6 dated 05.01.2021 on the post of
Anganbari Sevika held by petitioner, on the
orders of the Collector Sitamadhi dated
17.12.2020 contained in memo no. 26321
dated 19.12.2020."
The petitioner was selected and appointed to the post of
Anganbari Sevika in Anganbari Centre No. 455, Ward No. 14,
Village- Tilak Tajpur, P.S. Runnisaidpur, District-Sitamarhi.
Petitioner's name was not considered on the score that the
petitioner had furnished EBC category certificate and it is not in
accordance with her original caste. Feeling aggrieved and
dissatisfied with the selection and appointment of the petitioner
seventh respondent preferred an appeal and seventh respondent
appeal was allowed, thus, the petitioner has presented this petition.
The concerned authority without subjecting certificate
before the caste and income verification committee proceeded to
reject the petitioner's name for selection and appointment and
proceeded to appoint seventh respondent. Thus, there is an error
Patna High Court CWJC No.7223 of 2021 dt.09-05-2022
committed by the selecting and appointing authority and appellate
authority.
In the light of these facts and circumstances, the
concerned authority is hereby directed to select and appoint the
petitioner to the aforesaid Anganbari Centre post in place of
seventh respondent within a period of two months from today.
Thereafter, the official respondents are hereby directed to
undertake caste verification of the petitioner furnished for the post
of claiming reservation read with the Anganbari Centre post. The
caste/income verification committee is hereby directed to verify
the petitioner's caste certificate after giving ample opportunity of
hearing to the petitioner and complete the proceeding within a
period of three months from the date of receipt of this order.
Accordingly, the present petition stands allowed in part.
(P. B. Bajanthri, J)
Vikash/-
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