A writ petition seeking enforcement of earlier orders removing a private respondent from an Anganwari Sevika post and petitioner's selection was dismissed as infructuous, since the State showed the 2014 order was already complied with via an Aam Sabha meeting where no candidate was found suitable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4777 of 2018
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Bibi Rukhsana Khatoon , wife of Md. Minnat Ansari, resident of villageDumri, P.S. -Raghopur, District - Supaul
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Amrit Abhijat, Advocate For the Respondent/s : Mr.Md.Raisul Haque -SC10
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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.
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 PanchayatDumri, 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.
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.
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.
(Dr. Anshuman, J)
Ashwini/-
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| Uploading Date | 05/01/2024 |
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1 issue framed by the court
Whether compliance of the 2014 selection orders for Anganwari Sevika had been effected, leaving any cause of action for the writ petition?
Bibi Rukhsana Khatoon
The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna
The Director, Social Welfare, Government of Bihar, Patna
The Director, I.C.D.S., Indira Bhawan, West Boring Canal Road, Patna
Bibi Zafra Khatoon
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
