Dismissed¶27

Rita Kumari v. The State of Bihar

Patna HC18 Apr 2024CWJC/5187/2024

Case brief

AI extract

What is this about?

Patna HC; CWJC 5187/2024; Rita Kumari v. State of Bihar; Anganwari Sahayika; Anganwari Centre No.170; Dosut Panchayat; Nalanda; selection cancelled; forged education certificate; District Programme Officer (I.C.D.S.) Nalanda; Memo No.914; Case No.25 of 2021; Divisional Commissioner Patna; ICDS Case No.167 of 2022; appeal dismissed; writ petition not pressed; liberty to file civil suit; alternative remedies; Mohit Kumar Shah.

What did the court decide?

Liberty granted to the petitioner to avail alternative remedies available under law, including filing a suit before the competent Civil Court; writ petition dismissed as not pressed. ¶27

Rita Kumari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5187 of 2024

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Rita Kumari Wife of Pawan Kumar, Resident of Village-Shivay Bigha, P.O.Dosut, Panchayat-Dosut, Police Station-Vena, District-Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Ministry of Women and Child Development, Government of Bihar, Patna.

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The Secretary, Ministry of Women and Child Development, Government of Bihar, Patna.

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The Commissioner Patna Division, Patna.

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The District Programme Officer (I.C.D.S.) Nalanda.

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The District Education Officer, Nalanda.

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The Child Developmetn Project Officer, Rahui, Nalanda.

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The Block Education Officer, Block-Chandi, Nalanda.

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Kanti Devi, Wife of Kalendra Kumar, Resident of Village-Shivay Bigha, P.O.-Dosut, Panchayat-Dosut, Police Station-Vena, District-Nalanda.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajnish Kumar, Advocate Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Sarvesh Kr. Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-04-2024

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The present writ petition has been filed

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seeking the following reliefs:-

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“1. i) For issuance of writ in nature of Mandamus for quashing the order dated 31.08.2023 passed in ICDS Case No.167 of 2022 by the Court of Divisional Commissioner, Patna whereby and whereunder he dismissed the appeal filed the

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Patna High Court CWJC No.5187 of 2024(2) dt.18-04-2024 2/3

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petitioner and confirmed the order dated 20.05.2022, contained in Memo No. 914 passed in Case No. 25 of 2021 by the District Programme Officer, (I.C.D.S.) Nalanda.

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ii) For further to quash the order dated 20.05.2022, contained in Memo No. 914 passed in Case No. 25 of 2021 by the District Programme Officer, (I.C.D.S.) Nalanda, whereby and whereunder selection of the petitioner for the post of Sahayika of Anganwari Centre No.170 situated in Ward No.06, Village-Shivay Bigha under Dosut Panchayat, has been cancelled as her education certificate was found forged. iii) For further direction upon the respondent authority to reinstate the employment of the petitioner as a Sahayika of Anganwari Centre No.170 situated in Ward No.06, Village-Shivay Bigha under Dosut Panchayat.

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iv) For further direction to the respondent authorities, not to proceed with fresh selection

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Patna High Court CWJC No.5187 of 2024(2) dt.18-04-2024 3/3

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process for the selection of Anganwari Sahayika of Anganwari Centre No.170 situated in Ward No.06, Village- Shivay Bigha under Dosut Panchayat.”

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At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the Ld. Civil Court having competent jurisdiction, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

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The writ petition stands dismissed as not pressed.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Rita Kumari v. The State of Bihar

Case brief

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Rita Kumari v. The State of Bihar

Case brief

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