Patna High Court
Indu KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition must be pursued through the statutory appeal before the District Magistrate; the writ petition is disposed with directions to that effect.
Summary
Indu Kumari filed a writ petition challenging a selection letter dated 24‑02‑2025 that appointed Krishna Kumar Malik as Vikas Mitra for Ward No.10, Areraj, a post reserved for a woman candidate. She sought a certiorari to quash the selection, mandamus directing her appointment, and a restraining order against the male appointee. The State argued that the appointment was made under the Bihar Mahadalit Vikas Mission rules and that any grievance must be pursued through the statutory appeal before the Collector/District Magistrate. The Court held that the petitioner is required to avail the statutory remedy and directed her to file an appeal before the District Magistrate within 30 days, attaching a copy of the order. The District Magistrate is to hear both parties and dispose of the appeal on merits within 90 days, after which the writ petition stands disposed.
Issues considered
- Whether the appointment of a male candidate to a post reserved for women can be quashed by a writ of certiorari.
- Whether the petitioner is entitled to a mandamus directing her appointment to the reserved post.
- Whether the court can restrain the appointed male from assuming office pending the petition.
- Whether the statutory appeal before the District Magistrate is the exclusive remedy for the grievance.
Subjects
- reservation
- women reservation
- administrative law
- certiorari
- mandamus
- Bihar Mahadalit Vikas Mission
- statutory remedy
- appeal
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10208 of 2025
======================================================
Indu Kumari Wife of Ashok Malik, Resident of village- Mahadalit Basti,
Areraj (Ward No.- 10), P.S.- Govindganj, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Scheduled Castes and Scheduled
Tribes Welfare Department, Bihar, Patna.
2. Secretary, Scheduled Castes and Scheduled Tribes Welfare Department,
Bihar, Patna.
3. District Magistrate, East Champaran at Motihari.
4. District Welfare Officer, East Champaran at Motihari.
5. Sub Divisional Officer, Areraj, (East Champaran).
6. Block Development Officer, Areraj, (East Champaran).
7. Block Welfare Officer, Areraj, (East Champaran).
8. Krishna Kumar Malik, Son of Ravindra Malik, Resident of village- Areraj,
P.O.- Areraj, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harshvardhan Shivsundaram, Advocate
For the Respondent/s : Mr.Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-04-2026
Heard learned counsel appearing for the petitioner and
learned counsel appearing for the State.
2. The present writ petition has been filed for the
following relief/s :-
“To issue appropriate direction,
order or writ in the nature of Certiorari
quashing the selection letter dated
24.02.2025 issued by the Sub Divisional
Officer, Areraj (East Champaran) by which
Patna High Court CWJC No.10208 of 2025 dt.21-04-2026
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the respondent no.8 namely Krishna
KumarMalik has wrongly been selected and
appointed against the post of Vikas Mitra for
Ward No.10, Areraj which was reserved for
woman candidate.
(ii) To issue appropriate
direction, order or writ in the nature of
Mandamus commanding the respondents
particularly respondent no.5 to appoint the
petitioner against the post of 'Vikas Mitra
for Ward No.10, Areraj.
(iii) To issue appropriate
direction, order or writ in the nature of
Mandamus commanding the respondents to
restrain the respondent no.8 to work as
Vikas Mitra during pendency of the present
writ application.
(iv) To grant any other relief or
reliefs to which the petitioner is entitled
for.”
3. Learned counsel for the State submits that the
appointment of the petitioner is governed by the rules framed
under the Bihar Mahadalit Vikas Mission. He further submits
that a counter affidavit has already been filed and that, if the
petitioner is aggrieved by the appointment, he has a statutory
remedy of appeal before the Collector concerned.
4. In the aforesaid background, the writ petition stands
disposed of, granting liberty to the petitioner to prefer an appeal
before the District Magistrate concerned along with a copy of
Patna High Court CWJC No.10208 of 2025 dt.21-04-2026
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this order within a period of 30 days from today. Upon such
filing, the District Magistrate shall consider and dispose of the
appeal on merits, after affording opportunity of hearing to the
petitioner as well as private respondent no. 8, within a period of
90 days thereafter.
5. The aforesaid period of 90 days shall be reckoned
from the date of completion of appearance of opposite party no.
2.
6. With the aforesaid observations and directions, the
present writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 21.04.2026
Transmission Date NA
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