Patna High Court
Bandana KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court directed the Block Development Officer to dispose of the petitioner’s objection by a reasoned order within four weeks, thereby disposing of the writ petition.
Summary
Bandana Kumari filed a writ petition seeking that the authorities consider her candidature for the post of Nyaymitra in Sonour Panchayat, Madhubani, as she was placed second in the merit list and is a resident of Madhubani, while the candidate placed first, Bhawana Savyasanchi, is a resident of Darbhanga. The petitioner argued that district residency is a mandatory eligibility condition and that the higher‑scoring non‑resident should be disqualified. The respondents contended that the matter should be decided by the Block Development Officer after due consideration of the representation. The High Court, after hearing both sides, declined to interfere with the merit list but directed the Block Development Officer to dispose of the petitioner’s objection by a reasoned order within four weeks. Consequently, the writ petition was disposed of with the said direction.
Issues considered
- Whether a candidate’s district residency supersedes a higher merit score in appointment to the post of Nyaymitra under the unreserved female category.
- Whether the authorities are obligated to pass a reasoned order on the petitioner’s objection within a stipulated period.
Subjects
- Nyaymitra appointment
- district residency
- merit list
- public service recruitment
- writ petition
- administrative law
- Bihar Panchayati Raj
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20426 of 2025
======================================================
Bandana Kumari Wife of Trilok Nath Thakur, Resident of village Gandhwari,
Ward No. 14, P.S- Sakri, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The District Panchayati Raj Officer, Madhubani.
4. The Block Panchayat Raj Officer, Rahika, District- Madhubani.
5. The Block Development Officer, Rahika, District- Madhubani.
6. The Mukhiya, Gram Panchayat Raj, Sonour, Rahika, District-Madhubani.
7. The Panchayat Secretary, Gram Panchayat Raj, Sonour, Rahika, District-
Madhubani.
8. The Sarpanch, Gram Panchayat Raj, Sonour, Rahika, District-Madhubani.
9. The Up-Sarpanch, Gram Panchayat Raj, Sonour, Rahika, District-
Madhubani.
10. Bhawana Savyasanchi, D/o Vinod Kumar Das, Resident of Mohalla-
Wajitpur Chipaliya, P.O- Milkichak, P.S- Bahadurpur, District-Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Adv.
For the Respondent/s : Mr. Navnit Kumar AC to GP -10.
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 22-01-2026
1. The instant Writ petition has been filed
by the petitioner with a prayer for direction to the
Patna High Court CWJC No.20426 of 2025 dt.22-01-2026
2/5
respondent authorities to consider her candidature
on the post of Nyaymitra in Sonour Panchayat in
the district of Madhubani, as she has been placed
at Sl. no. 2 in the merit list and she is a resident of
Madhubani district. Further relief sought by the
petitioner is for direction to the authorities to
cancel the appointment of respondent no. 10 for
the post of Nyaymitra in Sonour Panchayat, who
has been placed at Sl. no. 1 in the merit list, but
she is not a resident of the District of Madhubani.
2. The brief facts culled out from the Writ
petition is that vide Notice No. 1420 dated
13.01.2025 issued by the Director, Bihar
Panchayati Raj Department, Govt. of Bihar for
appointment of Nyaymitra on the basis of contract
was published. Vide letter no. 190 dated
13.01.2025 issued by the District Panchayati Raj
Officer, Madhubani, an information was given with
regard to appointment on the post of Nyaymitra in
all the Panchayats of the district of Madhubani.
The notice itself contained the details of district
wise vacancy.
Patna High Court CWJC No.20426 of 2025 dt.22-01-2026
3/5
3. Basing on the said publication, the
petitioner made an online application for the post
of Nyaymitra under Unreserved Female Category.
As per notice no. 1420 dated 13.01.2025, the
candidates can apply his /her application only for
one Block on the Website provided by the
Department. Thereafter, counseling of the
petitioner was done. At the end of the process, a
merit list was published, petitioner’s name
appeared at Sl. no. 2 and the name of respondent
no. 10 appeared at Sl. no. 1, who had 65.3% marks
whereas the petitioner possessed 63.21% marks
for the female category.
4. It is the specific contention of the
Learned counsel for the petitioner that petitioner is
a resident of Madhubani district whereas the
respondent no. 10 is a resident of Darbhanga
district and, therefore, the petitioner, who is placed
at Sl. no. 2 in the merit list, has to be considered
for the said post instead of respondent No 10. The
petitioner has also filed her objection to that effect
before the Block Development Officer, Rahika,
Patna High Court CWJC No.20426 of 2025 dt.22-01-2026
4/5
District – Madhubani, which has been annexed in
the Writ petition as Annexure -3 and the said
objection/representation of the petitioner is still
pending with the Block Development Officer. The
said objection/representation of the petitioner
clearly disclose that respondent no. 10 cannot be
appointed on the post of Nyaymitra as she is not
resident of Madhubani District. Further the
petitioner has also filed an application under R.T.I.,
but no information has been provided to her.
5. On the other hand, the Learned counsel
for the respondents stated that a direction may be
given to the concerned respondent, to pass an
appropriate order on the said representation
/objection within the stipulated period.
6. Considering the submissions made by
both the parties, the Writ petition is disposed at
the stage of admission itself, with a direction to the
Block Development Officer, Rahika, Madhubani
respondent no. 5 to dispose of the objection
representation of the petitioner by a reasoned and
speaking order as per law within a period of four
Patna High Court CWJC No.20426 of 2025 dt.22-01-2026
5/5
weeks from the date of receipt of a copy of this
order.
7. With the aforesaid observation/direction,
the Writ petition stands disposed off.
(G. Anupama Chakravarthy, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 29.01.2026
Transmission Date N/A
Checking your session…