High Court Patna High Court - Orders

Sneh Prabha vs The State Of Bihar & Ors on 30 September, 2011

Patna High Court – Orders
Sneh Prabha vs The State Of Bihar & Ors on 30 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.1355 of 2011
                                                      In
                              Civil Writ Jurisdiction Case No. 18930 of 2010
                 ======================================================
                 Sneh Prabha, W/o Manoj Prasad, R/O Village- Kajichak, P.S.- Rajauli,
                 District- Nawadah.
                                                             .... .... Respondent/Appellant
                                                     Versus
                 1. The State of Bihar through the Secretary, Welfare Department, Old
                    Secretariat, Patna
                 2. The Commissioner, Magadh Division, Gaya
                 3. The District Magistrate, Gaya
                 4. The Sub-Divisional Officer, Rajauli, Nawada
                 5. The Child Development Project Officer Block - Rajauli, P.O. & P.S.-
                    Rajauli, District-Nawada
                 6. The Gram Panchayat Amawan West P.S.- Rajauli, District- Nawada
                    through its Secretary, Gram Panchayat
                 7. The Mukhiya, Gram Panchayat Amawan (Amawan) West, P.O.- Bansh
                    Gopal, P.S.- Rajauli, District - Nawada
                                                        ..... .........Respondents/Respondents
                 8. Sanju Kumari @ Sanju Devi ,W/O Sunil Prasad, R/O Village- Kajichak,
                    P.O.- Bansh Gopal, P.S.- Rajauli, District- Nawada
                                                               .... .... Petitioner/Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s            :       Mr. Raj Kishore Prasad
                                                       Mr. Tej Bahadur Roy, Advocate.
                 For the Respondent No. 1 to 5:        Mr. Arvind Ujjwal S.C. 25.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                        and
                        HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

                 ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

3 30-09-2011 Feeling aggrieved by the judgment and order dated
25th March 2011 passed by the learned single Judge in above
CWJC NO. 18930 of 2010, the respondent no. 8 has preferred the
present Appeal under Clause 10 of the Letters Patent.

The matter at dispute is the appointment of the
appellant as Anganwari Sevika.

It is an admitted fact that the writ petitioner had
2 Patna High Court LPA No.1355 of 2011 (3) dt.30-09-2011

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higher marks than the respondent no. 8. According to the
procedure set out, it was the writ petitioner who had right to be
appointed over the respondent no. 8. The learned single Judge has
upheld the challenge to the appointment of the appellant.

No case for interference is made out. Appeal is
dismissed in limine.




                                                  (R.M. Doshit, CJ)


Sujit/-                                    (Birendra Prasad Verma, J)