Patna High Court
BRIJNANDAN MAHTO @ BHULETENversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The Letters Patent Appeal is dismissed as there is no perversity or illegality in the impugned order.
Summary
Kaminee Kumari appealed against the order rejecting her claim for appointment as an Anganwadi Sevika, alleging that the selected candidate, Sangeeta Kumari, had secured the post using forged certificates. The Single Judge had examined the verification reports from the National Institute of Open Schooling (NIOS) and found the documents genuine, concluding there was no evidence of forgery. On appeal, the State authorities reiterated that the certificates were verified by NIOS and found correct. The High Court, noting the limited scope of interference in a Letters Patent Appeal and finding no perversity or illegality in the lower court's decision, refused to interfere. Consequently, the appeal was dismissed and any pending interim applications were disposed of.
Issues considered
- The validity of the certificates submitted by the selected Anganwadi Sevika, Sangeeta Kumari.
- Whether the verification process by NIOS was sufficient to establish genuineness of the documents.
- Whether the lower court's order rejecting the appellant's appointment claim was perverse or illegal.
Subjects
- Anganwadi Sevika appointment
- forged certificates
- document verification
- Letters Patent Appeal
- administrative law
- perverse order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.259 of 2025
In
Civil Writ Jurisdiction Case No.2683 of 2025
======================================================
Kaminee Kumari Wife of Chandu Kumar, Resident of Village and P.O.-
Darsur Tole Math, Ward No.02, P.S.- Warishnagar, District- Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Collector-cum-District Magistrate, Samastipur.
3. The District Programme Officer, Samastipur.
4. The Child Development Project Officer, Warishnagar, District- Samastipur.
5. Sangeeta Kumari Wife of Mithilesh Paswan, Resident of Village and P.O.-
Darsur Tole Math, P.S.- Warishnagar, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Alok Kr. Choudhary, Sr. Adv.
Mr. Surya Narayan Roy, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Kulanand Jha, Adv.
For the State : Mr. Government Advocate (7)
Mr. Abhinav Ashok, AC to GA-7
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-01-2026
The Letters Patent Appeal has been filed by the
Patna High Court L.P.A No.259 of 2025 dt.08-01-2026
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appellant-Kaminee Kumari challenging the order dated
15.02.2025 passed by the learned Single Judge in Civil Writ
Jurisdiction Case No. 2683 of 2025.
2. The appellant filed the said writ petition with a
direction to set aside the order dated 03.01.2025 passed by the
Collector-cum-District Magistrate, Samastipur in Anganwari
Appeal No. 08 of 2024 and order dated 11.01.2024 passed by
the District Programme Officer, Samstipur in Anganwari Case
No. 254 of 2018, whereby the claim of the appellant for her
appointment has been rejected.
3. The main ground that has been taken before the
learned Single Judge while challenging the appointment of
Respondent No. 5 (Sangeeta Kumari) was that she got selected
on the post of Anganwari Sevika on the basis of forged and
fabricated certificate and the authorities have not verified the
genuineness and truthfulness of the same. However, the Court
found that the documents produced by the Respondent No. 5
were duly verified from the issuing authority i.e. N.I.O.S.
(National Institute of Open Schooling), and the issuing authority
has categorically certified that both the documents which are
issued are correct and genuine documents and accordingly the
report was submitted by the issuing authority, therefore, the
Patna High Court L.P.A No.259 of 2025 dt.08-01-2026
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learned Single Judge has been pleased to hold that nothing has
been pointed out by the petitioner to show that the documents
submitted by the Respondent No. 5 were forged documents.
4. In this Letters Patent Appeal, a counter-affidavit has
been filed by the Respondent Nos. 2 to 4 wherein in paragraph
no. 9, it is stated as follows:-
“That in the meantime certificates of the
selected Sevika, Sangita Kumari were sent for
Verification to the Director, N.I.O.S, Patna and
consequently to the Director, NIOS, NOIDA and
accordingly, verification letters were sent to the
CDPO, Warisnagar and it was found that the
certificates of Sangeeta Kumari (Respondent No.5)
were correct and the CDPO, Warisnagar sent the
said verification reports to the DPO, ICDS,
Samastipur for necessary action.”
5. In view of such specific stand taken, we are of the
view that the submission which was advanced by the learned
counsel for the appellant before the learned Single Judge that
the Respondent No. 5 produced forged and fabricated certificate
and, therefore, she should not have been selected for the post of
Anganwari Sevika without any basis.
6. In view of the limited scope of interference in the
Letters Patent Appeal, since we find no perversity or illegality in
the impugned order, we are not inclined to interfere with the
same.
Patna High Court L.P.A No.259 of 2025 dt.08-01-2026
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7. Accordingly, the Letters Patent Appeal stands
dismissed.
8. Pending I.A., if any, stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Ritesh Kumar, J)
Ranjan-guddu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.01.2026
Transmission Date NA
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