Guriya Kumari @ Gudiya Kumari, Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Guriya Kumari @ Gudiya Kumari, Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 19.08.2019 of the District Magistrate, Bettiah, West Champaran, in Case No. R.M.-41/2016-17 set aside; District Magistrate directed to pass a fresh order considering Clause (2) of Advertisement No.02/2013 after hearing the petitioner and the private respondent within 90 days from receipt/production of the order; writ petition disposed of with this direction. The order dated 08/06/2016/17/06/2016 of respondent No.2 was not expressly dealt with.

Issue for consideration

Whether the order dated 19.08.2019 passed by respondent No.3 in Case No. R.M.-41/2016-17 and the order dated 08/06/2016/17/06/2016 passed by respondent No.2 in Anganbari Sewika and Shahayika Selection Appeal No.34 of 2015 ought to be quashed. +2 more

Court's answer

This Court set aside the order dated 19.08.2019 passed by the District Magistrate, Bettiah, West Champaran, in Case No. R.M.-41/2016-17.

Ratio / Principle

The District Magistrate, Bettiah, West Champaran was directed to pass a fresh order considering the relevant Rule (Clause (2) of Advertisement No.02/2013, quoted in the judgment) after hearing the petitioner as well as the private respondent, within 90 days from the date of receipt/production of the order.

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.2337 of 2020 (Dr. Anshuman, J., oral judgment dated 04-01-2024) — Guriya Kumari @ Gudiya Kumari v. The State of Bihar and others. The petition sought quashing of the order dated 19.08.2019 passed by the District Magistrate, Bettiah (respondent No.3) in Case No. R.M.-41/2016-17 and the order dated 08/06/2016/17/06/2016 passed by the District Programme Officer (respondent No.2) in Anganbari Sewika and Shahayika Selection Appeal No.34 of 2015, concerning selection to the post of Anganbari Sewika/Shahayika under Advertisement No.02/2013. Clause (2) of the advertisement provides that in the selection process the earlier 'Poshak Kshetra' shall have priority, except for already-operational Anganwadi centres where the Sewika/helper post fell vacant due to death, resignation, removal or other reasons. Counsel for the petitioner submitted the vacancy arose from the resignation of the earlier Sewika, Renu Sinha, on her selection as Woman Supervisor, so the earlier Poshak Kshetra should prevail; the District Magistrate had noted that no reason on 'Poshak Kshetra' was placed before him. The State contended the petitioner did not belong to the Poshak Area of Centre No.93 but was silent on Clause (2). Holding: the Court set aside the District Magistrate's order dated 19.08.2019 and directed him to pass a fresh order considering Clause (2) after hearing the petitioner and the private respondent within 90 days; the writ petition was disposed of. The respondent No.2 order was not expressly dealt with.

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

The State of Bihar through Addl. Chief Secretary, Social Welfare Dept. Govt. of Bihar Patna.

The District Programme Officer, W. Champaran.

The District Magistrate, Bettiah, Dist W. Champaran.

The District Panchayat Raj Officer W. Champaran.

The Block Development Officer, Chanpatiya District W. Champaran.

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.

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.

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 2/3

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”

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’.

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.

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 3/3

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.

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