Writ petition filed for appointment as Anganwari Sevika. Single judge dismissed petition as premature because statutory remedy of appeal remained available, citing Apex Court precedent on Article 226 jurisdiction.
No relief granted; petitioner directed to file appeal before appellate authority within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4818 of 2021
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Sabita Kumari wife of Anil Kumar, Resident of village- Ward No. 14, Harla, Panchayat- Kunri Sankura, P.S.- Jamui, District- Jamui
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, GP 4 ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 01-02-2022
This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.
Learned State counsel accepts notice for respondents.
In the instant petition, petitioner has prayed for the
following relief(s):-
“(i) For issuance of direction to Niyojan (appoint) of the petitioner namely Sabita Kumari as an Anganbari Sevika for Anganbari Centre No. 194 under the Ward No.14 of Kunri Sankurha Panchayat, Village Harla, P.S. -Jamui, District Jamui.
(ii) For issuance of further direction upon the respondent authorities to Conduct Aam Sabha for appointment of
Patna High Court CWJC No.4818 of 2021 dt.01-02-2022 2/3
Anganbari Sevika of Centre No. 194 under the Ward No,14 of Kunri Sankurha Panchayat, Village Harla, P.S. Jamui, District -Jamui.
(iii) Also for any other relief/reliefs for which the petitioner is entitled in the eye of law.”
The petitioner has statutory remedy of appeal before the appellate authority. Without exhausting the statutory remedy of appeal writ petition cannot be entertained in the light of Hon’ble Apex Court decision in the case of State of Jammu and Kashmir Vs. R.K. Zalpuri and others reported in AIR 2016 Supreme Court 3006 held as under:-
“20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:-
“The Court while exercising its jurisdiction under Article 226 is dutybound to consider whether:
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) the petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
Patna High Court CWJC No.4818 of 2021 dt.01-02-2022 3/3
(d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors.”
Accordingly, the present petition stands dismissed as premature reserving liberty to the petitioner to approach appellate authority in filing an appeal.
The appellate authority is hereby directed to take note of Section 14 of the Limitation Act, 1963 for the purpose of condonation of delay in presenting memorandum of appeal. If such appeal is filed the same shall be considered within a period of four months from the date of receipt of appeal after giving due opportunity of hearing to all the parties.
(P. B. Bajanthri, J)
Vikash/-
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2 issues framed by the court
Whether a writ petition regarding appointment as Anganwari Sevika can be entertained when statutory appeal remedy is available.
Whether the petitioner has exhausted her statutory remedy before approaching the High Court under Article 226.
Sabita Kumari
State of Bihar through Principal Secretary, Department of Home, Bihar
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
