Patna High Court
Munni KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the Collector’s order restoring the respondent’s appointment was correct and dismissed the petition.
Summary
The petitioner, Munni Kumari, challenged the order dated 03‑12‑2021 of the Collector‑cum‑District Magistrate, Rohtas, which restored the appointment of respondent Chandani Kumari as Anganwadi Sevika after the petitioner had been initially selected. The dispute arose because the petitioner alleged that the respondent’s husband was employed with Welspun India Limited, a fact that, if true, would have disqualified the respondent under the recruitment rules. The Collector, after receiving a letter from Welspun stating that no such employment existed and that the salary certificate was forged, allowed the respondent’s appeal and reinstated her appointment. The petitioner contended that the Collector erred in his assessment and sought to set aside the order and confirm her own appointment. The High Court examined the evidence, found the Welspun letter credible, and concluded that the Collector had correctly applied the law. Consequently, the Court dismissed the petition, finding no merit in the relief sought.
Issues considered
- Whether the Collector‑cum‑District Magistrate erred in restoring the appointment of respondent Chandani Kumari as Anganwadi Sevika despite allegations of false employment claims of her spouse.
- Whether the petitioner Munni Kumari is entitled to set aside the Collector’s order and be confirmed in the post.
Subjects
- Anganwadi Sevika
- appointment
- merit list
- employment verification
- high court writ petition
- administrative order
- selection process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1947 of 2022
======================================================
Munni Kumari Daughter of Ram Rati Singh and Wife of Sri Mantu Kumar
Singh Resident of Jigana, Police Station-Dinara, District-Rohtas at Sasaram
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
3. The Director Integrated Child Development Services (ICDS), Social Welfare
Department Government of Bihar, Patna.
4. The Collector Cum District Magistrate, Rohtas.
5. The District Program Officer (ICDS), Rohtas at Sasaram
6. The Child Development Program Officer, Dinara, Under District Rohtas.
7. Chandani Kumari Wife of Mithilesh Kumar Resident of Village-Jigana,
Police Station-Dinara, District-Rohtas at Sasaram
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh, Advocate
Mr. Radha Krishna, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“I. To set aside the order dated 03.12.2021
passed by the learned Collector Cum District
Magistrate, Rohtas at Sasaram in Anganbadi Sewika
Appeal No. 10 of 2019 as contained Annexure - P 7 in
Patna High Court CWJC No.1947 of 2022(3) dt.15-04-2026
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this writ petition, whereby order dated 29.12.2018
passed by District Program Officer, Rohtas as
contained in Annexure - P/5 has been set aside and
reinstated the illegal selection of Respondent no. 7
Chandani Kumari on the post of Anganbadi Sewika on
Centre No. 229, Ward no. 08 of Village -Jigana,
Panchayat Jamrodh, Anchal and Police Station-
Dinara, District Rohtas
II. For issuance of writ/writs, orders and
direction to affirm the order dated 21. 01. 2019 passed
on the direction of learned District Program Officer,
Rohtas as contained Annexure-P/6 in this writ petition
whereby Petitioner Munni Kumari has been duly
selected and working on the post of Anganbadi Sewika
on Centre No. 229, Ward no. 08 of Village-Jigana,
Panchayat Jamrodh, Anchal and Police Station
-Dinara, District Rohtas
III. For any other relief/reliefs may be
allowed for which Petitioner is duly entitled
accordance with law.”
3. The case of the petitioner in brief is that on the
respondents coming out with an advertisement for appointment
on the post of Anganwari Sevika for Centre no.229 of village
Jigana Ward no.8 under Panchayat Jamrodh in police station
Dinara in the district of Rohtas, a total of 14 candidates
including the petitioner as also respondent no.7 applied for
appointment on the post of Anganwari Sevika. In the merit list
prepared, while the name of the respondent no.7 figured at sl.
no.1, the name of the petitioner was at sl. no.2.
Patna High Court CWJC No.1947 of 2022(3) dt.15-04-2026
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4. It is further case of the petitioner that on enquiry
and a report by the Child Development Project Officer, Dinara,
Rohtas, as the husband of the respondent no.7 was working on
the post of Training Engineer in the company namely Welspun
India Limited and getting a salary of Rs.17,741/ per month as
reported in letter no.326 dated 4.8.2018 of the C.D.P.O., Dinara,
Rohtas, the appointment of respondent no.7, though her name
appeared at sl. no.1, was set aside and the petitioner was
appointed. The respondent no.7 thereafter preferred an appeal
before the District Magistrate, Rohtas (Sasaram) which was
registered as Anganwari Sevika Appeal Case no.10 of 2019
which was allowed by the Collector-cum-District Magistrate,
Rohtas, Sasaram vide order dated 3.12.2021 restoring the
appointment of respondent no.7. The petitioner being aggrieved
by the said order has preferred the instant application against the
same.
5. It is submitted by learned counsel appearing for the
petitioner that after enquiry it was clearly reported by the
C.D.P.O., Dinara, District Rohtas that the husband of the
petitioner was working as an Engineer in Welspun India Limited
and getting the salary as stated above.
6. Having heard learned counsels for the parties and
Patna High Court CWJC No.1947 of 2022(3) dt.15-04-2026
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on perusal of the records it transpires that when the matter was
being heard by the Collector, Rohtas, there was correspondence
to enquire into the merit of the allegations of the husband of the
respondent no.7 being employed in Welspun India Limited. A
letter dated 30.7.2019 written by the authorised officer of
Welspun India Limited addressed to the District Magistrate,
Rohtas, Sasaram was received stating therein that no person by
the name of Mithilesh Kumar (husband of respondent no.7) was
ever employed in Welspun India Limited. The letter further
stated that no salary certificate with respect to Mithilesh Kumar
has been issued by the said company and the same is forged and
fabricated. These facts have already been communicated to the
C.D.P.O., Dinara, Rohtas by e.mail on 9.1.2019 as also by letter
dated 18.2.2019. The issue of the husband of respondent no.7
not being employed with Welspun India Limited having been
clarified and cleared by the authorised officer by his letter dated
30.7.2019, a copy of which has been brought on record in the
counter affidavit filed on behalf of the respondents, the
Collector allowed the appeal filed by respondent no.7 and
restored her appointment as Anganwari Sevika.
7. The Court finds no error in the order impugned
dated 3.12.2021 passed by the Collector-cum-District
Patna High Court CWJC No.1947 of 2022(3) dt.15-04-2026
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Magistrate, Rohtas (Sasaram) and no merit in the instant
application.
8. The application is dismissed.
(Partha Sarthy, J)
Saurabh/-
U
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