Patna High Court
Neha KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Collector’s order is upheld; the petition lacks merit and is dismissed.
Summary
Neha Kumari, an Anganwadi Sevika appointed based on marks from the Madhyamik Shiksha Parishad (U.P.), filed a writ petition seeking to quash the Collector of Gopalganj's order dated 08-07-2021 which allowed a second appeal in favour of Ravita Kumari, who claimed higher marks from the Bihar School Examination Board. The petitioner argued that her qualification was valid and that the Collector ignored her case, allegedly relying on forged documents. The State contended that the Collector’s decision was lawful, having verified the petitioner’s mark sheet with the Bihar Board and following due process. The Court noted that the petitioner had not raised any objection when the selection list (Medha Suchi) was published and that the issue was raised only after her appointment. Finding no merit in the petition, the Court upheld the Collector’s order and dismissed the writ petition.
Issues considered
- The legality of the Collector’s order allowing the replacement of the petitioner based on alleged superior qualifications of the respondent.
- Whether the petitioner’s qualification obtained from the Madhyamik Shiksha Parishad can be considered valid for the Anganwadi Sevika post.
- Whether the alleged forgery and the timing of the petitioner’s objection affect the validity of the administrative decision.
Subjects
- Anganwadi Sevika
- appointment
- qualification
- writ petition
- administrative law
- public service recruitment
- collector order
- appeal
- selection process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1785 of 2022
======================================================
Neha Kumari Wife of Sri Uday Kumar Resident of Village- Chamanpura,
P.S.- Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Bihar, Patna.
2. Director, I.C.D.S. Social Welfare Department, Bihar, Patna
3. The Collector, Gopalganj.
4. District Programe Officer, Gopalganj.
5. Child Development Project Officer, Baikunthpur Block, District Gopalganj.
6. Ravita Kumari Wife of Sri Arvind Kumar Resident of Village- Chamanpura,
P.S.- Baikunthpur, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate
For the Respondent/s : Smt. Kumari Amrita (GP-3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 20-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
quashing of the order dated 08.07.2021 passed by the Collector,
Gopalganj in Anganbari Appeal Case No. 23 of 2018
(Annexure-4).
3. Learned counsel for the petitioner submits that
the vacancy was notified for appointment of Anganbari Sevika
for Centre No. 220, Chamanpura, Yadavtola, under Chamanpura
Panchayat of Baikunthpur Block of Gopalganj District. Counsel
Patna High Court CWJC No.1785 of 2022 dt.20-01-2026
2/4
submits that on the basis of marks obtained in the High School
Examination 2014 from Madhyamik Shiksha Parishad, Uttar
Pradesh, petitioner was having requisite qualification. In the
Aam Sabha, the name of the petitioner was considered in the
merit list in which her name was figured at Sr. No.1. Counsel
further submits that the petitioner was selected for the post of
Anganbari Sevika and she joined the post and working as
Anganbari Sevika at Chamanpura Centre No. 220. Counsel
submits that after selection of the petitioner, private respondent
no.6 filed Anganbari Appeal Case No. 69 of 2018 before the
District Programme Officer, Gopalganj stating therein that the
petitioner has passed matriculation examination from Bihar
School Examination Board, Patna in 2nd Division and she had
only 46.2% marks, whereas, the private respondent no.6 had
67.4% marks in matriculation examination, and therefore, she
should be selected in place of the petitioner. Counsel further
submits that before the D.P.O, Gopalganj, contest took place and
the said Anganbari Appeal Case No. 69 of 2018 was rejected on
22.05.2018. Thereafter, the private respondent no.6 preferred 2nd
appeal bearing Anganbari Appeal Case No. 23 of 2018 before
the Collector, Gopalganj, in which final order has been passed
on 08.07.2021 and the said Anganbari Appeal Case No. 23 of
Patna High Court CWJC No.1785 of 2022 dt.20-01-2026
3/4
2018 was allowed in favour of the private respondent no.6.
Counsel further submits that the case of the petitioner has not
been considered at all and it is his case that the petitioner passed
her matriculation from Madhyamik Shiksha Parishad in the year
2014 and marks obtained in the Madhyamik Shiksha Parishad,
U.P is the basis for appointment of the petitioner on the post of
Anganbari Sevika. But, instead thereof, the Collector, Gopalganj
has not considered the case of the petitioner and instead thereof,
the forgery done at the instance of respondent no.6 has been
taken into consideration. Therefore, he submits that interference
is required from this Hon’ble Court in the order passed by the
Collector, Gopalganj dated 08.07.2021 in Anganbari Appeal
Case No. 23 of 2018.
4. Learned counsel for the State on the other hand
submits that the order passed by the Collector, Gopalganj is
absolutely in accordance with law as the mark sheet provided by
the petitioner was verified from the Bihar School Examination
Board and thereafter, the decision for removal of the petitioner
has taken place. He submits that in the operative part of the
order, the Collector has categorically indicated the complete
circumstance in which the decision against the petitioner has
taken place.
Patna High Court CWJC No.1785 of 2022 dt.20-01-2026
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5. After hearing the parties, one document is very
much relevant i.e. Medha Suchi which was published for
selection and indicates that the petitioner has produced the mark
sheet of Bihar School Examination Board. But, even after this
publication of Medha Suchi, the petitioner has not raised any
objection that she has appeared in the selection by virtue of her
marks from the Madhyamik Shiksha Parishad, U.P. The
selection was completed and she joined and only thereafter, this
question has been raised. It is due to this reason that once the
said Medha Suchi was wrong then the petitioner ought to raise
this point at the earliest.
6. As such, this Court finds that there is no merit in
this case and hence, this writ petition stands dismissed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 22/01/2026
Transmission Date NA
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