Patna High Court
Mini KhatoonversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The Court allowed the withdrawal and dismissed the application as withdrawn.
Summary
The petitioner, Mini Khatoon, sought a writ of certiorari to set aside an order dated 08.01.2025 issued by the Additional Collector of Katihar cancelling her appointment as an Anganwadi Sevika on the ground of conflicting dates of birth in two educational certificates. She also requested that the state honor an earlier order dated 01.03.2021 appointing her to the post. The petitioner had earlier filed a similar writ (C.W.J.C. no. 9616 of 2025) which was withdrawn. In the present application, counsel sought permission to withdraw the petition so that the petitioner could pursue an alternative remedy. The Court, after hearing counsel, allowed the withdrawal and dismissed the application as withdrawn, without addressing the merits of the original grievance.
Issues considered
- Whether the Court should permit the withdrawal of the writ petition seeking certiorari against the cancellation of the petitioner’s Anganwadi appointment.
Subjects
- Anganwadi
- appointment cancellation
- certificate discrepancy
- writ petition
- certiorari
- withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1970 of 2026
======================================================
Mini Khatoon Wife of Md. Imam Hussian, Resident of Village-Nauranga,
P.O. Mukeriya, P.S.-Azamnagar, District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social and Welfare
Department, Government of Bihar, Patna.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna.
3. The Director, I.C.D.S., Government of Bihar, Patna.
4. The Divisional Commissioner, Purnea.
5. The District Magistrate, District-Katihar.
6. The Additional Collector, District-Katihar.
7. The District Programme Officer, District-Katihar.
8. The Block Development Officer, Azam Nagar, District-Katihar.
9. The Child Development Officer, Azam Nagar, District-Katihar.
10. The Lady Supervisor, Secretary of Selection Committee of Anganbari
Centre No. 257, Under Gram Panchayat-Mukaria, P.S.-Azam Nagar,
District-Katihar.
11. Bibi Alifazan, Wife of Naushad Alam, Resident of Village-Nauranga, P.O.
Mukuria, P.S.-Azam Nagar, District-Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate
For the Respondent/s : Mr. Government Pleader 12
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief:
“1. That this is the writ
petition being filed before this Hon'ble
High Court on behalf of the aforesaid
petitioner for issuance of a writ in the
Patna High Court CWJC No.1970 of 2026(2) dt.09-02-2026
2/3
nature of "Certiorari" whereby and
whereunder setting aside the order
dated 08.01.2025 as contains in memo
no. 23 dated 08.01.2025 issued and
signed under the signature of
Additional Collector Katihar, District-
Katihar in Anganwadi Case No.
04/2023-24 by which the
engagement/appointment of petitioner
on the post of Aanganbari Sevika in
relation to Aanganbari Centre No.
257, ward no.7, Gram Panchayat
Mukureya, Jahangirpur Toli P.S-
Azam nagar District- Katihar has
been cancelled on the ground that the
petitioner has passed matric from
Bihar State Education Board, Patna
as well as from Fokaniya from Bihar
state Madarsa Education Board,
Patna and both the certificate reflects
different date of birth of petitioner.
And in consequent thereof the further
prayer of the aforesaid petitioner is to
command and direct the state
respondents hereinabove to honour
the order dated 01.03.2021 as
contains in memo no. 158 passed by
District Programme Officer, Katihar,
District- Katihar in Misc. Aanganbari
Appeal No. 72/2018.”
Patna High Court CWJC No.1970 of 2026(2) dt.09-02-2026
3/3
3. At the outset, it is submitted by learned counsel for
the petitioner that the petitioner had moved this Court earlier
vide C.W.J.C. no. 9616 of 2025 for the same relief as prayed for
herein.
4. C.W.J.C. no. 9616 of 2025 was dismissed as
withdrawn on 24.6.2025 in the following terms:
“Learned Advocate for the
respective parties are present.
2. After some argument, Mr. Baxi
S.R.P. Sinha, learned Senior Advocate
for the petitioner seeks permission to
withdraw the present writ petition.
3. Permission is accorded.
4. The present writ petition
stands dismissed as withdrawn.”
5. Having heard the observation of this Court, learned
counsel for the petitioner seeks permission to withdraw this
application to enable the petitioner to pursue the alternate
remedy available to him in accordance with law.
6. This application stands dismissed as withdrawn.
(Partha Sarthy, J)
sauravkrsinha/-
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