Created by Fuzzy Cloud

Patna High Court

Munni KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                            2/5




                        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
                                            3/5




                      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
                                            4/5




          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
                                                        5/5




                      Magistrate, Rohtas (Sasaram) and no merit in the instant

                      application.

                                  8. The application is dismissed.



                                                 (Partha Sarthy, J)
Saurabh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.