The Petitioner should first exhaust all his remedy before invoking Article 226 , when the matter is not of public importance: Patna High Court.

This case was filled by Kumari Sonam Madheshiya W/o Durgesh Kumar Gupta Resident of VillageSelar Khurd Ward No. -2, Gram Panchayat and P.O.- Paikauli Baddo, P.S.Phulwaria, District- Gopalganj, Bihar against the State of Bihar. The Judgment in Kumari Sonam Madheshiya v. The State of Bihar (Citation: CWJC No.357 of 2021) was served by HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT.

This case was filled under Article 226 of the Constitution of India. Through this Petition, the Petitioner wants the Court to issue the writ in the nature of certiorari quashing the order dated 18.10.2019 passed by the District Magistrate, Gopalganj in Anganbadi Appeal Case No. 11/2018 whereby he set aside the earlier order of District Program Officer, I.C.D.S., Gopalganj dt. 05.05.2018issued by Memo No. 1198, dt. 14.07.2018and remanded the matter again to the District Program Officer with observation not sustainable in facts as well as law and further for quashing the order dt. 24.07.2020 passed in Appeal Case NO. 162/2019 upon such remand as above, by the District Program Officer, Gopalganj and further prays for issuance of appropriate writ or writs in the nature of mandamus commanding the respondents to consider and to appoint the petitioner to the post of Anganbadi Sevika. on Aanganbadi Centre of Ward No. 02 falling within village Selar Khurd of Gram Panchayat Raj Paikauli Baddo under Phulwaria Block of Gopalganj District, in light of the facts and law.

After going through the facts and circumstances of the case, the Court disposed off the present writ petition reserving liberty to the petitioner to file an appeal before the appellate authority within a period of eight weeks from the date of receipt of this order. Further the court directed the appellate authority to decide the petitioner’s appeal after giving opportunity of hearing to fifth respondent-Sabbu Praveen.


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