Ribha Kumari @ Ribha Devi vs The State Of Bihar
2023 Latest Caselaw 679 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.1443 of 2019
                                         In
                   Civil Writ Jurisdiction Case No.1839 of 2019
     ======================================================

Ribha Kumari @ Ribha Devi, aged 45 years (Female), W/o Satish Kumar Sinha, Ward No.09, Lohiya Nagar, P.O and Dist. Supaul.

... ... Appellant/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

3. The Director I.C.D.S. Government of Bihar, Patna.

4. The District Collector, Supaul.

5. The District Program Officer, I.C.D.S., Supaul.

6. The C.D.P.O., Supaul.

7. Gunja Kumari, W/o Amit Kumar, resident of Ward No. 09, Lohiya Nagar Parisad, P.S. and District - Supaul.

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

For the Appellant/s : Mr. Naresh Chandra Verma, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 06-02-2023

Re: I.A. No. 1 of 2019

Heard I.A. No. 1 of 2019 for condonation of delay in

filing the present L.P.A.

Patna High Court L.P.A No.1443 of 2019 dt.06-02-2023

2. For the reasons stated in the application and affidavit,

delay of about 244 days in filing the present L.P.A. is condoned,

I.A. No. 1 of 2019 stand allowed.

3. Matter relates to selection and appointment to the post

of Anganwari Sevika. The appellant was a candidate for

recruitment to the post of Anganwari Sevika in Anganwari Center

No. 259 in the District of Supaul. Select list was prepared on

28.06.2013 while placing the appellant at serial No. 5 whereas

respondent No. 7 - Gunja Kumari was placed at serial No. 2.

4. It is learnt that respondent No. 7 - Gunja Kumari's

selection was under cloud, thereafter, her selection and

appointment was cancelled. In the result, official respondent

proceeded to issue fresh advertisement in the year 2016. In this

backdrop, the appellant is seeking selection and appointment to the

post of Anganwari Sevika pursuant to the advertisement made in

the year 2013. It is noticed that appellant has not assailed the

subsequent advertisement issued in the year 2016 whereas

advertisement issued in the year 2016 was for unfilled vacancy

which was notified in the year 2013 and the fact that vacancy

notified in the year 2013 has been carried forward in the light of

State policy decision to the extent that unfilled vacancy is required

to be carried forward to the next recruitment. In this case, Patna High Court L.P.A No.1443 of 2019 dt.06-02-2023

appellant has not assailed the subsequent advertisement so as to

give effect to the advertisement in the year 2013 read with

selection of the appellant and the fact that respondent no. 7 -

Gunja Kumari's selection was nullified.

5. Accordingly, appellant has not made out a case so as

to interfere with the order of the learned Single Judge dated

04.02.2019 passed in C.W.J.C. No. 1839 of 2019. Hence, present

L.P.A. stands dismissed.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.02.2023
Transmission Date       NA