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Patna High Court

Manwara KhatoonversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the 2016 ICDS guidelines require exclusion of optional subject marks, and since the respondent obtained higher adjusted marks, the Divisional Commissioner’s order was correct.

Summary

Manwara Khatoon applied for the post of Anganbadi Sevika and was initially appointed by the District Programme Officer, who set aside the appointment of Firoza Khatoon (respondent no.7). Firoza filed a revision before the Divisional Commissioner, who reversed the District Officer’s order, citing the 2016 ICDS guidelines that require exclusion of optional subject marks in calculating merit. The petitioner challenged this revision by filing a writ petition, arguing that all subject marks should be considered and that she had a higher total score. The State and the Madarsa Board contended that the guidelines expressly exclude optional marks, and the merit list prepared by the authorities reflected this exclusion, showing Firoza with a higher adjusted score. The Court examined the 2016 guidelines, the merit list, and the parties' submissions, concluding that the correct procedure was followed and the respondent’s higher adjusted marks justified the revision. Consequently, the Court found no error in the Divisional Commissioner’s order and dismissed the writ petition.

Issues considered

  • Whether marks obtained in the optional subject should be excluded while calculating merit for Anganbadi Sevika appointments under the 2016 ICDS guidelines.
  • Whether the Divisional Commissioner’s order setting aside the District Programme Officer’s appointment order is legally valid.
  • Whether the writ petition challenging the revision order should be entertained.

Subjects

  • Anganbadi Sevika
  • Merit list
  • Optional subject marks
  • ICDS guidelines
  • Writ petition
  • Revision order
  • Appointment procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Civil Writ Jurisdiction Case No.1004 of 2023
                  ======================================================
                  Manwara Khatoon W/o Abu Taleb, Resident of Village- Marangi Tola, P.S.-
                  Barari, District- Katihar.

                                                                               ... ... Petitioner/s
                                                      Versus

            1.    The State of Bihar through the Principal Secreary, Social Welfare
                  Department, Govt. of Bihar, Patna.
            2.    The Director Integrated Child Development Services, Bihar, Patna.
            3.    The Divisional Commissioner, Purnea.
            4.    The District Magistrate, Katihar.
            5.    The District Programme Officer, Katihar.
            6.    The Child Development Project Officer, Barari, District-Katihar.
            7.    Firoza Khatoon, W/o Abdul Rahim, Resident of Village-Marangi Tola, P.S.-
                  Barari, District-Katihar.
            8.    The Bihar State Madarsa Education Board, Patna, through its Secretary, P.S.
                  and District- Patna.
            9.    The Examination Controller, Bihar State Madarsa Education Board, Patna,
                  District- Patna.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :      Mr. D.K.Sinha, Sr. Advocate
                                                 Mr. Bhola Prasad, Advocate
                  For the State           :      Mr. S.K. Mandal, S.C.-3
                                                 Mr. Bipin Kumar, AC to SC-3
                  For the Madarsa Board :        Md. Aslam Ansari, Advocate
                  For the Private Respondent :   Mr. Sanjay Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

12   23-03-2026                      Heard learned Senior counsel for the petitioner,

                    learned counsel for the State of Bihar, learned counsel for the

                    Bihar State Madarsa Board and learned counsel for the

                    respondent no.7.

                                  2. The petitioner has filed the instant writ application

                    praying for quashing the order dated 22.11.2022 passed by the
Patna High Court CWJC No.1004 of 2023(12) dt.23-03-2026
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          Divisional Commissioner, Purnea whereby Anganbari Revision

          Case no.4 of 2022 filed by the respondent no.7 was allowed and

          the order dated 24.1.2022 passed by the District Programme

          Officer, Katihar in Miscellaneous Anganbari Appeal no.86 of

          2018 was set aside.

                      3. The relevant facts in brief are that on the

          respondent authorities coming out with a notice for filling up the

          vacancy of Anganbari Sevika of Centre no.288, Ward no.9 in

          Jagdishpur Gram Panchayat, Barari, Katihar, both the petitioner

          and the respondent no.7 filed their applications. The respondents

          proceeded to prepare the merit list and finally the respondent

          no.7 was appointed.

                      4. The petitioner filed Miscellaneous Anganbari

          Appeal no.86 of 2018 which was considered by the District

          Programme Officer, Katihar. By his order dated 24.1.2022, the

          District Programme Officer was pleased to allow the said

          appeal, setting aside the appointment of respondent no.7 and

          directed for appointment of the petitioner on the same.

                      5. The respondent no.7 being affected by the said

          order, preferred Anganbari Revision no.4 of 2022 before the

          Divisional Commissioner, Purnea. By order dated 22.11.2022,

          the Divisional Commissioner was pleased to allow the revision
Patna High Court CWJC No.1004 of 2023(12) dt.23-03-2026
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          preferred by the respondent no.7 and set aside the order dated

          24.1.2022 passed by the District Programme Officer, Katihar.

                      6. Aggrieved by the order dated 22.11.2022, the

          petitioner has preferred the instant writ application against the

          same.

                      7. It is submitted by learned Senior counsel appearing

          for the petitioner that on perusal of the order dated 24.1.2022, it

          would transpire that the Incharge Medical Officer has submitted

          a report dated 20.4.2018 mentioning therein that the respondent

          no.7 who was working on the post of Aasha had on an earlier

          occasion given her date of birth as 17.8.1972 and now in her

          application for appointment as Anganbari Sevika as 31.3.1990.

          Further in reference to the order impugned passed by the

          Divisional Commissioner, it is submitted that the question

          which was to be decided was as to whether while considering

          the marks obtained by the applicants in the matriculation,

          whether the marks obtained in all the subjects were to be

          considered or the marks obtained in the optional subject was to

          be left out and thereafter the remaining marks were to be

          considered. It is submitted that this Court had directed the

          Madarsa Board to file their affidavit. Referring to Annexure R/1

          to the supplementary counter affidavit filed on behalf of the
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          Madarsa Board, it is submitted that the Examination Controller

          of the Bihar State Madarsa Board, Patna has categorically

          mentioned therein that marks obtained in all the subjects

          including the optional subjects are to be considered as

          compulsory. It is thus submitted that once marks obtained in all

          the subjects are taken into consideration, the petitioner having

          obtained 793 marks against respondent no.7 who obtained 792

          marks, the petitioner should be appointed setting aside the order

          passed by the Divisional Commissioner.

                      8. In response, learned counsel for the State of Bihar

          referring to the counter affidavit filed submits that as per the

          guidelines issued by the ICDS, Bihar, the same clearly spells out

          that while considering the qualification of matriculation or

          equivalent examination in appointment of Anganbari Sevika, the

          marks obtained in the matriculation examination is to be

          considered after excluding the marks in the extra/optional paper.

                      9. Learned counsel appearing for the private

          respondent agreeing with the submissions made by learned

          counsel for the State of Bihar submits that excluding the marks

          obtained in the optional paper, the respondent no.7 having

          obtained 734 marks in comparison to the petitioner’s 728 marks,

          there is no illegality in the order of the Divisional Commissioner
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          setting aside the order of the District Programme Officer and

          appointing the respondent no.7. It is submitted that there is no

          merit in the writ application and the same be dismissed.

                      10. Heard learned counsel for the parties and perused

          the material on record.

                      11. The matter relates to appointment of Anganbari

          Sevika at Centre no.288, Ward no.9 in Jagdishpur Gram

          Panchayat, Barari, Katihar. Bereft of unnecessary details, it may

          be observed here that the Guidelines issued in the year 2016

          applicable in the case deals with the manner of appointment of

          Anganbari Sevika. Clause 4 thereof which deals with

          educational qualification clearly states that the applicant should

          be matriculate or having an equivalent educational qualification

          which shall be considered in selection, taking into consideration

          the marks obtained therein excluding the additional/additional

          subject meaning that the marks obtained in the optional subject

          is to be excluded while preparing the merit list.

                      12. Coming to the facts of the instant case, it is not in

          dispute that while the total marks obtained by the petitioner and

          the respondent no.7 are 793 and 792 respectively, excluding the

          marks obtained in the optional subjects, the marks obtained by

          the petitioner and the respondent no.7 would come to 728 and
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          734.

                      13. It would be relevant to mention here that after

          filing of the applications, a merit list was prepared by the

          respondent authorities and which has been brought on record as

          annexure to the counter affidavit filed on behalf of the

          respondent no.7. It transpires from the same that the authorities

          concerned prepared the said merit list in accordance with the

          2016 Guidelines excluding the marks obtained by the candidates

          in the optional subject. The name of the respondent no.7 which

          figures at sl. no.4 is shown to have obtained 734/1100 ie 66.72%

          marks and the petitioner who is at sl. no.9 is shown to have

          obtained 728/1100 ie 66.18% marks.

                      14. Taking into consideration clause 4 of the 2016

          Guidelines together with the merit list, there being no doubt in

          the opinion of this Court about the respondent no.7 having

          obtained higher marks than the petitioner, the Commissioner,

          Purnea Division by the order impugned rightly allowed the

          revision preferred by the respondent no.7 and set aside the order

          dated 24.1.2022 passed by the District Programme Officer,

          Katihar.

                      15. The Court finds no error in the order dated

          22.11.2022 of the Divisional Commissioner, Purnea and no
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                      merit in the instant case.

                                  16. The writ application is dismissed.



                                                 (Partha Sarthy, J)
Saurabh/-
U


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