Guriya Kumari @ Gudiya Kumari vs The State Of Bihar
2024 Latest Caselaw 77 Patna

Patna High Court

Guriya Kumari @ Gudiya Kumari vs The State Of Bihar on 4 January, 2024

Author: Anshuman

Bench: Anshuman

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2337 of 2020
     ======================================================
     Guriya Kumari @ Gudiya Kumari, W/o Krishna Kumar Sharma @ Krishna
     Sharma r/o village Mahadeo Tola Anganbari Dubawalia, P.S. Majhaulia Dist.
     W. Champaran.

                                                                ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through Addl. Chief Secretary, Social Welfare Dept.
     Govt. of Bihar Patna.
2.   The District Programme Officer, W. Champaran.
3.   The District Magistrate, Bettiah, Dist W. Champaran.
4.   The District Panchayat Raj Officer W. Champaran.
5.   The Block Development Officer, Chanpatiya District W. Champaran.
6.   Sangeeta Devi, w/o Rajesh Sah, r/o vill Dubawalia P.S. Majhaulia Distt
     W.Champaran.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Dhannjay Kumar No 2, Advocate
     For the Respondent/s    :      Mr. Gyan Prakash Ojha ( GA7 )
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 04-01-2024


                        Heard learned counsel for the petitioner and

      learned counsel for the State.

                        2. The present writ petition has been filed for

      quashing the order dated 19.08.2019 passed by respondent No.3

      in     Case      No.       R.M.-41/2016-17        and    order       dated

      08/06/2016/17

/06/2016 passed by respondent No.2 in Anganbari

Sewika and Shahayika Selection Appeal No.34 of 2015.

3. Learned counsel for the petitioner submits

that this case is relating to appointment on the post of Anganbari Patna High Court CWJC No.2337 of 2020 dt.04-01-2024

Sewika/Shahayika by virtue of Advertisement No.02/2013. He

submits that in the said advertisement, Clause (2) is relevant

which is as follows:-

"2- p;u izfdz;k esa iks'kd {ks= ds ckgY; oxZ dh izkFkfedrk jgsxhA iwoZ ls dk;Zjr vkaxuckM+h dsUnz] tgka lsfodk @ lgkf;dk ds e`R;q @ R;kx i= @ p;ueqfDar rFkk vU; dkj.kksa ls in fjDr gks x;k gks] ds fy, iks'kd {ks= iwoZor jgsxkA"

4. Learned counsel for the petitioner submits that

the petitioner has participated in the advertisement, which has

arisen due to resignation by the earlier Sewika Renu Sinha, who

was selected on the post of Woman Supervisor and, therefore,

according to the said advertisement, the earlier 'Poshak Kshetra'

shall prevail. The District Magistrate at the time of passing of

the order has indicated that no reason has been assigned before

him relating to 'Poshak Kshetra'.

5. Learned counsel for the State has taken the

stand that the petitioner does not belong to Poshak Area of

Centre No.93, but completely silent on the provisions laid down

in Clause (2) of the Advertisement No.2/2013.

6. In this view of the matter, this Court hereby

set aside the order dated 19.08.2019 passed by the District

Magistrate, Bettiah, West Champaran, in Case No.R.M.-

Patna High Court CWJC No.2337 of 2020 dt.04-01-2024

41/2016-17 and direct the District Magistrate, Bettiah, West

Champaran, to pass fresh order considering the relevant Rule

quoted above after hearing the petitioner as well as private

respondent within 90 days from the date of receipt/production

of the order.

7. With this direction, this writ petition is

disposed of.

(Dr. Anshuman, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.01.2024
Transmission Date       NA