Created by Fuzzy Cloud

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


Continue reading with your account

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

Sign in to read

Checking your session…

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