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Patna High Court

Indu KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                             2/3




                                     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
                                                        3/3




                      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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