Neelam Kumari @ Neelam Devi vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned counsel for the State through video conference.

The following reliefs as formulated by the petitioner have been claimed in the writ petition -

"(i) For issuance of a writ in the nature of certiorari for quashing the selection letter dated 27.06.2018 by which respondent no. 7 has been selected as Anganbari Sebika for Ward No. 9, Centre no. 107, under Gram Panchayat Raj Bhatarandha, P.S. Dhailadh, Dist- Madhepura.

(ii) For quashing the order dated 20.11.2018 passed by the District Programme officer, Madhepura (respondent no. 4) in case no. Anganbari Case No. 72/2018 by which the respondent no. 4 has dismissed the case of the petitioner on wrong appreciation of law.

(iii) For a direction to the respondent authority to consider the case of the petitioner for selection of Anganbari Sebika for Centre No. 107, Ward No. 09, Village- Bishanpur under Grampanchayat Raj matarandha, P.S. Dhailadh, Dist- Madhepura.

(iv) For any other appropriate writ/writs, direction/directions as this Hon'ble Court thinks fit and proper in the facts and circumstances of the case of the petitioner."

At the outset itself, learned counsel for the petitioner fairly accepts that statutory remedy by way of appeal is available to the petitioner against the impugned order dated 20.11.2018 passed by the District Programme officer, Madhepura (respondent no. 4) in Anganbari Case No. 72 of 2018.

In the above view of the matter, this Court is not inclined to enter upon the detailed merits of the claim of the petitioner. The writ petition is disposed of with liberty to the petitioner to approach the appellate authority for appropriate relief.

It is made clear that in case such an appeal is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condonation of delay, if applicable.