Patna High Court
Kumari RenukaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petitioners, being fence sitters, are not entitled to any relief and the writ petition is dismissed.
Summary
The petitioners, two women who had applied for Angan Bari Supervisor posts under the Integrated Child Development Scheme, sought a writ of mandamus directing the authorities to appoint them, relying on a 2019 Division Bench order in LPA No. 923 of 2018 that suggested vacancies should be filled if still existing. The Court examined the earlier proceedings, noting that the Division Bench had not issued a mandatory direction but merely indicated that the authorities could consider the claim if vacancies persisted. The petitioners filed the present writ more than two years after the 2019 order without having raised any grievance earlier, rendering them "fence sitters." The Court held that fence sitters are not entitled to any relief and that no enforceable direction was given in the earlier order. Consequently, the writ petition was dismissed with costs.
Issues considered
- Whether the petitioners are entitled to a mandamus directing their appointment under the 2019 Division Bench order.
- Whether the Division Bench order created a binding direction enforceable by a writ.
- Whether fence sitters can claim relief after a considerable lapse of time without having raised any grievance earlier.
Subjects
- mandamus
- fence sitter doctrine
- appointment
- Integrated Child Development Scheme
- recruitment
- equity
- Bihar State Litigation Policy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1867 of 2021
======================================================
1. Kumari Renuka Wife of Sri Upendra Kumar Ram Resident of Village and
P.O.- Banthu Sriram, P.S.- Andar, District- Siwan.
2. Rinku Kumari Wife of Sri Lalbabu Sah Resident of Village and P.O.-
Sangrampur, P.S.- G.B. Nagar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Integrated Child Development
Scheme, Govt. of Bihar, New Secretariat, Patna.
2. The Commissioner, Saran Division, Saran at Chapra.
3. The District Magistrate, Siwan.
4. The District Programme Officer (Integrated Child Development Scheme),
Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh
For the Respondent/s : Mr.Lalit Kishore ( Ag )
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 27-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:
“(i) … … ...for issuance of an
appropriate writ/writs in the nature of Mandamus
for commanding and directing concern authorities
for same and similar treatment as granted by the
Hon’ble High Court in LPA No. 923 of 2018 on
04.02.2019 in case of Jasila Kumari & Others
-Versus- The State of Bihar & Others on the
ground of equity as well as in terms of the
provision in Clause 4.C (1) of Bihar State
Litigation Policy, 2011, which deals covered
matters regarding same benefit in covered matters
Patna High Court CWJC No.1867 of 2021 dt.27-02-2026
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and necessary direction for issuance of formal
letter of engagement as granted to Jalila Kumari,
Arti Kumari, Neetu Kumari, Nilu Kumari and
other similarly situated persons as law settled and
for the other necessary relief/reliefs on the basis
of the facts and circumstances of the case as stated
hereinafter.”
3. The learned counsel for the petitioners submits that
pursuant to an advertisement published in daily newspaper
“Hindustan” on 08.09.2011, for selection to the post of Angan Bari
Supervisor, the petitioners and others applied. A merit list was
prepared and was published on the website of ICDS on
10.12.2011. Objections were invited to the merit list and after
receipt of the objections, the authorities concerned proceeded to
publish final merit list, after considering the suitability and
seniority of the merit under the provisions contained therein and
finally, the merit list was published on the website. The petitioners
and others were called for interview and to participate in the
process of counselling which was scheduled on 12.08.2012,
wherein the petitioners were declared successful along with others,
but some of the non-selected candidates preferred CWJC No.
16702 of 2012 before this Court, wherein vide order dated
14.09.2012, it was observed that if the appointments have not been
made, the same shall be subject to the result of the writ petition.
The writ petition was finally decided on 22.04.2013 with a
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direction that the petitioners of the writ petition to approach the
Divisional Commissioner and the Divisional Commissioner was
directed to dispose of the representation filed by those petitioners
within a specified time. The Divisional Commissioner, Saran
Division, after hearing the parties, dismissed the claim filed by the
writ petitioners of CWJC No. 16702 of 2012, vide his order dated
18.12.2013 and directed for initiating further process, which was
kept in abeyance on account of the interim order passed by this
Court in CWJC No. 16702 of 2012. When the appointments were
not being made, the petitioners and four others filed a writ petition
before this Court bearing CWJC No. 17596 of 2014 (Jasila
Kumari & Others -Versus- State of Bihar & Others) which was
finally heard and disposed of vide order dated 19.06.2018,
dismissing the writ petition by holding that this Court finds no
occasion to issue a direction in favour of the petitioners. Some of
the petitioners of CWJC No. 17596 of 2014, being aggrieved with
the order dated 19.06.2018, preferred an appeal before this Court
which was numbered as LPA No. 923 of 2018. The appeal
preferred by some of the petitioners was heard by a Hon’ble
Division Bench of this Court on 04.02.2019 and the same was
disposed of by holding that it will be difficult for this Court to
issue a mandamus outright, but in the event such posts are still
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lying vacant and the appellants are eligible, then in that event, it
will be open to the respondents to consider the claim of the
appellants in accordance with law and pass an appropriate order,
preferably within a period of six weeks from the date of
receipt/production of a certified copy of the order.
4. The learned counsel for the petitioners submits that in
terms of the order dated 04.02.2019 passed in LPA No. 923 of
2018, the persons filed their respective representations before the
concerned authorities and the petitioners may be directed to avail
the same remedy.
5. The learned counsel for the State submits that the writ
petition filed by the petitioners is thoroughly misconceived since
no direction was given by the Hon’ble Division Bench while
disposing of LPA No. 923 of 2018 vide order dated 04.02.2019
and therefore the writ petition is fit to be dismissed with heavy
cost.
6. Having heard the parties, I find that the Hon’ble
Division Bench, while disposing of the writ petition, did not give
any direction to the respondent-authorities, but only directed that if
vacancies are still existing then the respondent-authorities to
consider the claim of the appellants in accordance with law and
pass an appropriate order. The petitioners, being satisfied with the
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order dated 19.06.2018 passed in CWJC No. 17596 of 2014, did
not choose to prefer any appeal and the order of the Hon’ble
Division Bench was passed on 04.02.2019, even then they did not
raise any grievance and filed the present writ petition after more
than two years of the disposal of the appeal. Therefore, the
petitioners being fence sitters are not entitled for any relief. The
law in this regard is very much settled that a fence sitter is not
entitled for any relief.
7. I find no merit in the writ petition and the same is
dismissed accordingly.
(Ritesh Kumar, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.03.2026
Transmission Date NA
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