Dismissed¶28

Pratima Devi v. The State Of Bihar and Ors.

Patna HC23 Jan 2025CWJC/5830/2018

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.5830 of 2018; decided 23-01-2025; Dr. Anshuman, J. Anganwari Sevika/Sahayika appointment cancellation; alternative/statutory remedy; maintainability of writ petition for non-exhaustion of appeal under the Margdarshika; Appeal Case No.43 of 2015; District Programme Officer, West Champaran; Letter No.2 I.C.D.S.; Bihar Sanskrit Shiksha Board verification report; allegation of forged and fabricated documents (raised by counsel and Board, not adjudicated); writ application dismissed with direction to pursue the appellate remedy under the Margdarshika.

What did the court decide?

None; the petitioner is directed to avail the remedy of appeal under the relevant Margdarshika for appointment of Anganwari Sevika or Sahayika. ¶28

Pratima Devi Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5830 of 2018

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Pratima Devi W/o Birendra Yadav, resident of Village- Pipra, P.S.- Bagaha, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate, West Champaran, Bettiah.

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The District Programme Officer, West Champaran, Bettiah.

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Child Development Project Officer, Bagaha.

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Mukhiya, Narwal Barwal Gram Panchayat, Bagaha- II, West Champaran.

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The Examination Controller Bihar Sanskrit Shiksha Board, Patna.

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Principal, Shree Chandi Jyoti Sanskrit-Cum- Middle School, Bagaha, West Champaran.

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Kumari Nitu Singh, W/o Sri Raj Kumar Singh, resident of Village- Pipra, P.S.- Bagaha, District- West Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Vijay Kr Singh No. 1, Adv. For the Respondent/s : Mr.Prashant Pratap- GP2 Mr. Ram Niwas Prasad, BSSB.

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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6 23-01-2025 Heard Learned Counsel for the petitioner, Learned

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Counsel for the State and Learned Counsel for the Bihar Sanskrit Shiksha Board.

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Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent to quash the order passed by District Programme Officer dated 08.01.2018 passed in Appeal Case No.43 of 2015 (Annexure-5) and further for quashing the Letter No.2 I.C.D.S. by which the District Programme Officer has directed on 11.01.2018 to the BDO-cum-Child Development Project Officer and subsequently the appointment of the petitioner has been cancelled.

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Counsel for the State submits that the writ petition

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Patna High Court CWJC No.5830 of 2018(6) dt.23-01-2025 2/2

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is not maintainable due to the reason that the petitioner has not preferred any appeal before the Appellate Authority under the relevant Margdarshika Rule of Anganwari Sevika or Sahayika, but in addition to that he submits that for the purpose of appointment, forge and fabricated documents have been placed before the authority for appointment of Anganbari Sevika/Sahaika.

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Learned Counsel for the Board submits that report has come from the Board and it has been found that on the basis of forge and fabricated documents, petitioner’s appointment was cancelled.

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In the light of the submissions made by the parties, it transpires to this Court that the petitioner has moved before this Court without availing statutory appeal. As such, the present writ application stands dismissed, directing the petitioner to avail the remedy of appeal under the relevant Margdarshika for appointment of Anganwari Sevika or Sahayika.

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With the aforesaid directions, the present writ application stands dismissed.

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(Dr. Anshuman, J.)

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Prakashmani/-

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Pratima Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Pratima Devi v. The State Of Bihar and Ors.

Case brief

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