Patna High Court
Sima DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court found no merit in the petition and affirmed the Collector’s order directing fresh selection, dismissing the writ petition.
Summary
The petitioner, Sima Devi, challenged an order dated 24-06-2022 issued by the Collector of Gopalganj directing a fresh selection of the Anganwadi Sevika at Centre No. 56/144, alleging that she had already been duly selected and that the order violated principles of natural justice. The petitioner’s selection had been confirmed after an Aam Sabha held on 12-02-2018 and 16-02-2018, but a rival candidate, Shabnam Khatoon, filed Anganwadi Appeal No. 49 of 2018 which was dismissed by the D.P.O., and later appealed again (Appeal No. 19 of 2018) before the Collector, who ordered a fresh selection on the ground that the rival was not given notice of the Aam Sabha. The High Court observed that the writ petition suffered from mis‑joinder and non‑joinder of necessary parties and that no evidence showed notice was given to the rival. Consequently, the Court found no ground to interfere with the Collector’s order and dismissed the writ petition, affirming the fresh‑selection direction. The interlocutory application to intervene by Shabnam Khatoon was also dismissed for lack of prosecution.
Issues considered
- The validity of the Collector’s order directing a fresh selection of the Anganwadi Sevika.
- Whether the petitioner’s right to natural justice was violated by the fresh‑selection order.
- Whether the writ petition suffers from mis‑joinder and non‑joinder of necessary parties.
Subjects
- Anganwadi
- natural justice
- mis‑joinder
- writ petition
- administrative law
- selection process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15006 of 2022
======================================================
Sima Devi Wife of Shri Sanjay Gupta, Resident of Village - Amarpura, Tola -
Shitalpur, P.S.- Mahammadpur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Gopalganj.
2. The Deputy Collector, Land Reforms, Gopalganj.
3. The Block Development Officer, Sidhwaliya, Gopalganj.
4. The District Programme Officer, Gopalganj.
5. The Child Development Project Officer, Sidhwaliya, Gopalganj.
6. The Lady Supervisor, Aanganbadi Centre No. 144, Ward No. 14, Garm
Panchayat Raj, Amarpura, Block - Sidhwaliya, District - Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate
For the State : Mr. S.K. Mandal (SC-3)
Mr. Arjun Prasad (AC to SC-3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 13-01-2026
Heard learned counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“A. For issuance of appropriate
writ/writs, order/orders for setting
aside the part of the order dated
24.06.2022, passed by the
Respondent No. 1 i.e. the Collector,
Gopalganj, passed in Aanganbadi
Patna High Court CWJC No.15006 of 2022 dt.13-01-2026
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Appeal Case No. 19/2018 whereby
and whereunder he directed the
Respondent No. 4 i.e. the District
Programme Officer, Gopalganj to re-
select the Aanganbadi Sevika at
Centre No. 56/144, Ward No. 14.
Gram Panchayat Raj, Amarpura,
Shitalpur, Block - Sidhwaliya,
District -Gopalganj, ignoring the
fact that the petitioner was duly
selected and working as an
Aanganbadi Sevika in the said centre
after duly fulfilling all the eligibility
criteria and the said order was
passed without considering the reply
filed by the petitioner, which violates
the principles of Natural Justice.
B. Further for staying the operation
of the part of the impugned order
dated 24.06.2022 regarding the re-
selection of the Aanganbadi Sevika at
Centre No. 56/144, Ward No. 14,
Gram Panchayat Raj, Amarpura,
Shitalpur, Block- Sidhwaliya, District
- Gopalganj till the disposal of this
writ application.
C. Pass such other Order/Orders as
your Lordships may deem fit and
proper.”
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3. Learned counsel for the petitioner submits that
Aam Sabha was held on 12.02.2018 & 16.02.2018 by which the
petitioner was selected on the post of Anganwadi Sevika for
Anganwadi Centre No. 144, Ward No. 14, Gram Panchayat Raj,
Amarpura, Shitalpur, Block- Sidhwaliya, District- Gopalganj.
Counsel further submits that the selection letter has been issued
to the petitioner on 16.02.2018. He submits that one Shabnam
Khatoon a non selected candidate has challenged the selection
of the petitioner before the D.P.O, Gopalganj by virtue of
Anganwadi Appeal Case No. 49 of 2018, which was decided on
03.07.2018. In the said Anganwadi Appeal Case No. 49 of 2018,
the petitioner was respondent no.1. Against the decision of the
said Anganwadi Appeal Case No. 49 of 2018 passed by the
D.P.O, Gopalganj, further appeal has been filed before the
District Magistrate, Gopalganj bearing Anganwadi Appeal Case
No. 19 of 2018, in which the final order has come on
24.06.2022 by which the direction for fresh selection for the
Anganwadi post has been made by the Collector. The present
writ petitioner being aggrieved & dissatisfied by the said order
dated 24.06.2022 passed by the District Magistrate, Gopalganj
in Anganwadi Appeal Case No. 19 of 2018 has preferred the
present writ petition.
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4. Learned counsel for the State on the other hand
submits that the present writ petition is fit to be dismissed, as
against the selection of petitioner, one Shabnam Khatoon has
filed Anganwadi Appeal Case No. 49 of 2018 in which
petitioner was heard and the D.P.O, Gopalganj dismissed the
said anganwadi appeal. Thereafter, Shabnam Khatoon again
preferred another Anganwadi Appeal Case No. 19 of 2018
before the Collector, Gopalganj, in which finding has come that
the Aam Sabha was held on 12.02.2018 and again on
16.02.2018 in which the said appellant was absent and it is due
to this reason, the present petitioner has been selected. But,
upon perusal of the record, it has been found that no evidence is
on record by which it become clear that information with regard
to the Aam Sabha has been communicated to the appellant of
anganwadi appeal. And it is due to this reason, the order passed
by the D.P.O., Gopalganj was set aside by the Collector and
directed the C.D.P.O, Sidhwaliya, Gopalganj to ensure fresh
selection on the post of Anganwadi Sevika in the presence of all.
5. After perusal of the record, it transpires that in
the Anganwadi Appeal Case No. 49 of 2018, there were six
persons namely, Seema Kumari, Tabassum Nahid, C.D.P.O,
Sidhwaliya, Girija Devi, Asmina Khatoon and Sarita Devi who
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were party respondents. Similarly, in the appeal filed before the
Collector, the State of Bihar and others were added as party
respondents. But, in the present writ petition, the petitioner has
not made other persons as party who were actually party in the
anganwadi appeal. It is due to this reason, this Court found fit
that this case suffers from mis-joinder and non-joinder of the
necessary parties. In addition to that, it is the specific
observation of the Collector that no document has been
produced before the Collector in which during Aam Sabha any
notice was issued to the Shabnam Khatoon. And it is due to this
reason, the Collector, Gopalganj has set aside the selection and
directed to make fresh selection noticing to all.
6. In this view of the matter, this Court finds that
there is no need of any interference in the order passed by the
Collector, Gopalganj and hence, the present writ petition is
hereby dismissed. The order passed by the Collector, Gopalganj
in Anganwadi Appeal Case No. 19 of 2018 dated 24.06.2022
(Annexure-7) is hereby approved/affirmed.
7. It transpires that there is one interlocutory
application bearing I.A. No. 1 of 2023 which has been filed by
one Shabnam Khatoon to add herself as intervenor respondent
in the present writ petition. But, there is no one to press the said
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I.A. As such, in the light of the aforesaid facts and
circumstances, this I.A. No. 1 of 2023 stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 16/01/2026
Transmission Date NA
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