Patna High Court
Bibi Rukhsana Khatoon vs The State Of Bihar And Ors on 3 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4777 of 2018
======================================================
Bibi Rukhsana Khatoon , wife of Md. Minnat Ansari, resident of village-
Dumri, P.S. -Raghopur, District - Supaul
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Government of Bihar, Patna
2. The Director, Social Welfare, Government of Bihar, Patna.
3. The Director, I.C.D.S., Indira Bhawan, West Boring Canal Road, Patna
4. The Commissioner, Koshi Division, Saharsa
5. The Deputy Director, Welfare, Koshi Division, Saharsa
6. The District Magistrate-cum-District Officer, Supaul
7. The District Programme Officer (I.C.D.S.), Supaul
8. The Child Development Project Officer (C.D.P.O.), Block - Raghopur,
District -Supaul
9. Bibi Zafra Khatoon, wife of Abdul Bahaw, resident of village + P.O.-
Achalpur, Via-Ganpatganj, P.S. + District -Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Respondent/s : Mr.Md.Raisul Haque -SC10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 03-01-2024
Heard learned counsel for the petitioner, learned
counsel for the State, and learned counsel for the private
respondent.
2. Learned counsel for the petitioner submits that
the present writ petition has been filed for seeking a direction
for compliance of the order dated 19.06.2014 passed by the
District Programme Officer, Supaul in Anganbari Case No.
17/2013 and also the order dated 10.08.2015 passed in
Anganwari Appeal Case No. 205/2014 by the Deputy Director,
Patna High Court CWJC No.4777 of 2018 dt.03-01-2024
2/4
Welfare, Koshi Division, Saharsa. Further prayer has been made
for directing the respondents to select the petitioner against the
post of Anganwari Sevika in centre No. 128, Gram Panchayat-
Dumri, Block-Raghopur, District-Supaul. The petitioner has
further prayed to set aside advertisement No.1/2018, Raghopur
Scheme, Serial No.18 so far it advertises the vacant post of
Anganwari Sevika in accordance with the advertisement.
3. Learned counsel for the petitioner submits that
vide order dated 19.06.2014 passed by the District Programme
Officer in Anganwari Case No. 17/2013, the order was passed in
his favour and against private respondent No.9 who has been
removed from the post of Anganwari Sevika, against which the
private respondent has preferred Anganwari Appeal Case No.
205/2015 which was dismissed against respondent No.9.
Learned counsel for the petitioner further submits that the
reasons best known to the respondent authorities, the orders
passed by the Child Development Project Officer and confirmed
by the appellate authority has not been complied and, thereafter,
the petitioner has preferred the present writ petition.
4. Learned counsel for the private respondent
submits that against the order of the appellate authority passed
in Anganwari Appeal Case No. 205/2015, the private respondent
Patna High Court CWJC No.4777 of 2018 dt.03-01-2024
3/4
has preferred CWJC No. 2361 of 2016 in which final order was
passed on 02.05.2019 and the competent appellate authority was
directed to examine the said receipt and the persons who have
given the initial on the receiving under the extent guidelines as
of today after giving an opportunity of hearing to the petitioner
and the other concerned persons without being prejudiced by the
finding in the order of the Appellate Authority dated 10.08.2015
passed in Anganbari Appeal No. 205/2014. Counsel for the
petitioner submits that there was no occasion in which he
became aware of the filing of CWJC No. 2361 of 2016 by the
private respondent No.9 nor any notice has been received from
the appellate authority (in Anganbari Appeal) in this regard.
5. Learned counsel for the State, on the other hand,
submits that the present case has already become infructuous
due to the reason that the order dated 19.06.2014 passed by the
District Programme Officer, Supaul has already been complied
as the Child Development Project Officer, Raghopur, Supaul in
compliance of the said order convened a meeting of Aam Sabha
on 06.05.2015 in which five candidates including the petitioner
and private respondent No.9 appeared, but none of the
candidates were found suitable for the post of Sevika. Learned
counsel further submits that this fact has been
Patna High Court CWJC No.4777 of 2018 dt.03-01-2024
4/4
suppressed/concealed by the petitioner as well as by the private
respondent and only due to this reason this dispute is still
continuing. Whereas the actual fact is that the matter has already
become infructuous, after the decision taken in the Aam Sabha
on 06.05.2015. Learned counsel for the State specifically
pleaded in paragraph 15 of the counter affidavit that both the
petitioner and the private respondent have already appeared
afresh in the advertisement in question i.e. 01/2018 for the
selection on the post of Anganwadi Sevika, but this fact has also
been suppressed by the petitioner as well as by the private
respondent in the present writ petition.
6. In the light of the submissions made, particularly
when the order dated 19.06.2014 passed in Anganbari Case No.
17/2013 has already been complied vide order dated
06.05.2015
, there is no cause of action left either for the
petitioner or for the private respondent No.9. As such, the
present writ petition stands dismissed as having become
infructous.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 05/01/2024
Transmission Date NA
