Patna High Court
Nilu Kumari vs The State Of Bihar And Ors on 24 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.4 of 2019
In
Civil Writ Jurisdiction Case No.5700 of 2017
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Nilu Kumari Wife of Shri manoj Kumar R/V- Ward No. 3, Gram Panchayat-
Sikiyahi, P.s.- Kumar- Khand P.O. Bhatni Bazar, Distt. madhepura.
... ... Appellant/s
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Social Welfare, Government of
Bihar, Patna.
3. The Director Integrated Child Development Scheme I.C.D.S., Bihar, Patna.
4. The Commissioner, Koshi Division, Saharsa.
5. The district Magistrte, madhepura.
6. The District Program officer, madhepura.
7. The C.D.P.O. Child development Project Officer Kumar Khand, District-
Madhepura.
8. Sangita Kumari Wife of Sanjay yadav, R/V- Tegraha, Sikiyahi Ward No. 3
P.s.- Kumar Khand, Distt. madhepura.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Dinesh Choudhary
For the Respondent/s : Mr.Gyan Prakash Ojha -Ga7
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 24-03-2023
Heard Mr. Anil Kumar Jha, learned senior
Advocate for the appellant.
The appellant has challenged the judgment dated
30.11.2018 passed by the learned Single Judge in CWJC
No. 5700 of 2017, whereby her appointment/selection as
Patna High Court L.P.A No.4 of 2019 dt.24-03-2023
Anganwadi Sevika has been cancelled and fresh selection
process has been directed for selecting Anganwadi Sevika
for Centre No. 208 of Ward No. 3 in Gram Panchayat
Tengraha Sikiyaha.
Pursuant to the order passed by the learned
Single Judge, the selection process was undertaken and
Sangita Kumari, the writ petitioner has again been
selected, which appointment has not been challenged.
Considering this aspect of the matter, we are not
inclined to entertain this appeal.
Even otherwise, Sangita Kumari was initially
appointed as Anganwadi Sevika which was challenged by
the appellant before the DPO but the challenge failed.
Thereafter in appeal, the Collector set aside the order of
the selection of Sangita Kumari for the reason that her
husband had participated in the selection process.
In the second selection process which was
undertaken, the husband of both Sangita Kumari and the
appellant had participated and the appellant had become
Patna High Court L.P.A No.4 of 2019 dt.24-03-2023
successful which was challenged by the Sangita Kumari
before the learned Single Judge, who found that a fresh
selection process was necessary in the circumstances.
Pursuant to such order, as noted above, a fresh
selection process was undertaken.
There is no merit in this appeal and the same is
dismissed.
(Ashutosh Kumar, J)
(Harish Kumar, J)
krishna/shivank
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2023
Transmission Date NA
