Kajal Kumari vs The State Of Bihar
2023 Latest Caselaw 3867 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.872 of 2023
     ======================================================

Kajal Kumari Sri Mukul Kumar R/o Village- Jajauli Ward No. 4, Panchayat- Jajauli, P.S. and Block- Masrakh, District- Saran at Chapra.

... ... Petitioner/s Versus

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

2. The Director, I.C.D.S., Social Welfare Department, Government of Bihar, Patna

3. The the Commissioner, Saran Division, Saran at Chapra

4. The District Magistrate, Saran at Chapra

5. The District Programme Officer, I.C.D.S., Saran at Chapra

6. The Child Development Project Officer, Masrakh, Saran

7. The Mahila Supervisor, Child Development Project, Masrakh, Saran

8. Kanak Kumari Wife of Manak Mayank, R/o Village- Jajauli, Ward No. 4, Panchayat- Jajauli, P.S. and Block- Mashrakh, District- Saran at Chapra

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

     For the Petitioner/s   :      Mr.Krishna Kant Singh, Advocate
     For the State          :      Mr. S.K. Mandal (SC-3)
                                   Mr. Bipin Kumar, AC to SC-3
     For respondent No. 8   :      Mr. Ranjeet Kumar, Advocate
                                   Mr. Kanishk Kaustubh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 21-08-2023

1. Heard learned counsel for the petitioner and

learned counsel for the State as well as learned counsel for

private respondent No. 8.

2. The petitioner as well as private respondent No. 8

are applicants for being selected as Anganwari Sevika at center

No. 76, Panchayat-Jajauli, Block-Masrakh, Saran. The selection

process was being carried on under the 2019 Guidelines issued Patna High Court CWJC No.872 of 2023 dt.21-08-2023

by the Integrated Child Development Services (ICDS)

Directorate. The advertisement was published in the newspaper

specifying the last date for submission of the application form

online i.e. 13-06-2020.

3. The petitioner's grievance is that the private

respondent No. 8 has been selected at the Aam Sabha dated 22-

12-2020, by wrongly granting her the bonus by treating her as a

candidate belonging to physical handicapped (PH) category. If

she was not considered as a PH-category and not awarded

bonus, the petitioner, who was second in the merit list, would

have emerged successfully.

4. It is submitted by learned counsel for the petitioner

that the requirement of the advertisement was submission of

online applications by 13-6-2020 along with all certificates,

including certificate of physically handicap. Reference is made

to clause 6 of the advertisement which reads as follows:

"6. ऑन ललाईन आववदन कव सलाथ आववददकला

सभभी ववांदछित दस्तलाववज (Document) यथला ममैदट्रिक अअंक

पत्र (सहलादयकला कव दलए अष्टम कला अअंक पत्र ) ममूल प्रमलाण

पत्र, जलादत प्रमलाण पत्र, आवलासभीय प्रमलाण पत्र, दवधवला प्रमलाण

पत्र (दवधवला अभ्यथर्थी कव दलए ), दवकलवांगतला प्रमलाण पत्र Patna High Court CWJC No.872 of 2023 dt.21-08-2023

(दवकलवांग अभ्यथर्थी कव दलए) आदद कको भभी दनधर्धादरित सलाईज

सव अपलकोड करिनला अदनवलायर्य हकोगला।"

5. Since the last date was 13-6-2020, it is more than

obvious that the certificate, based on which the private

respondent No. 8 has been selected, was not submitted before

the last date of filing online applications. This submission is

founded on the fact that the certificate itself is issued on 19-10-

2020, nearly more than four months after the last date for

submission of application forms. The submission is that having

violated mandatory requirement of the advertisement, the

private respondent No. 8 could not have been considered by

relying on the certificate dated 19-10-2020.

6. This issue was raised by the petitioner before the

Child Development Project Officer (CDPO). The CDPO

rejected the petitioner's complain by order dated 10-2-2021. The

petitioner thereafter availed remedy before the first appellate

authority (District Programme Officer).

7. On 3-6-2021, the District Programme Officer

(DPO) interfered with the order passed by the CDPO. The DPO

held the private respondent No. 8 was not eligible for being

awarded the bonus marks as a PH-category candidate, since the

certificate was not submitted online along with her application Patna High Court CWJC No.872 of 2023 dt.21-08-2023

form in terms of the advertisement. The selection of private

respondent No. 8 was thus set aside.

8. The private respondent No. 8 thereafter has moved

before the Commissioner, Saran Division, in Anganwari

revision Case Number 40 of 2021, also filed under the provision

of clause 12 of the 2019 Guidelines. The Commissioner has

upheld the selection of private respondent No. 8 and interfered

with the order passed by the DPO, which has been annexed as

Annexure-5.

9. The learned counsel for the State as well as private

respondent No. 8 have submitted that the private respondent No.

8 was in possession of the certificate of PH-category certificate

before the Aam Sabha was convened. At the time of filing

online application, due to the several restrictions arising out of

Covid-19 pandemic, she could not submit the physical

handicapped certificate as the authorities had not issued the

same.

10. It is her specific case that she had applied for

the certificate in March 2020 itself but due to the national

lockdown and several restrictions arising out of the Covid-19

pandemic, the same could not be issued till the last date of

submission of application form online.

Patna High Court CWJC No.872 of 2023 dt.21-08-2023

11. The respondent No. 8 however had claimed

herself to be a PH-category candidate in her online application;

and as soon as the authorities had issued the certificate, she had

relied upon the same, much before the Aam Sabha was

convened. At the time of Aam Sabha, no objection was raised by

the petitioner to the certificate being issued on 19-10-2020. The

authorities have thereafter got the certificates verified as

required in clause 10 of the 2019 Guidelines. The certificate is

genuine.

12. The submission on behalf of respondent No.

8 is that the requirement of submitting the certificate, while

making online application, was incapable of being satisfied due

to the unprecedented circumstances arising out of the Covid-19

pandemic. The authorities were not issuing the certificates; and

only when the same was issued, the respondent No. 8 has

submitted the same. It is not a case where the respondent No. 8

has violated the terms of advertisement; rather it is a case of

impossibility to comply with the terms of the advertisement,

having regard to the unprecedented circumstances.

13. This Court is inclined to accept the submissions

advanced by the respondent No. 8. The Court takes judicial

notice of the fact that the several difficulties and restrictions, Patna High Court CWJC No.872 of 2023 dt.21-08-2023

arising out of the national lockdown, have been recognized in

various judicial orders.

14. It is a case of impossibility to comply with

the requirement and therefore, the respondent No. 8, who

otherwise, it is not in dispute, is a PH-category candidate cannot

be made to suffer, having regard to the unprecedented

circumstances.

15. The Court is therefore not inclined to

exercise extraordinary jurisdiction to interfere with the order of

the Commissioner dated 23-09-2022.

16. Writ petition is dismissed.

(Madhuresh Prasad, J) SUMIT/-

AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          26.08.2023
Transmission Date       NA