Patna High Court
Reena KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed as the petitioner has an alternative efficacious remedy before the Divisional Commissioner.
Summary
Reena Kumari filed a writ petition seeking a certiorari to quash the District Magistrate's order dated 23‑06‑2025, which upheld a prior memo cancelling her selection as Anganwadi Sevika. She also sought reinstatement to the post. The respondents contended that the petitioner had an alternative and efficacious remedy by filing an appeal against the same order before the Divisional Commissioner. The High Court agreed, finding merit in the respondents' submission, and declined to entertain the merits of the petition. The Court disposed of the writ application, granting the petitioner liberty to file the appeal within one month, and clarified that it had not examined the substantive issues of the case.
Issues considered
- Whether a writ petition is maintainable when an alternative administrative remedy is available.
- Whether the order of the District Magistrate cancelling the petitioner’s selection can be quashed by the High Court.
Subjects
- Writ petition
- Certiorari
- Administrative law
- Alternative remedy
- Anganwadi Sevika
- Public service selection
- Appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20637 of 2025
======================================================
Reena Kumari w/o Kedar Kumar Gupta resident of Village Harpur Bax, P.O.
Raghai, P.S. Meenapur, District Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare Bihar, Patna.
2. The Director Integerated Child Development Services, Bihar, Patna.
3. The Divisional Commissioner Tirhut Division, Muzaffarpur.
4. The District Magistrate Cum Collector, Muzaffarpur.
5. The District Programme Officer, Muzaffarpur.
6. The Child Development Project Officer Block Meenapur, District
Muzaffarpur.
7. The Lady Supervisor C.D.P.O. Office Meenapur Block District Muzaffarpur.
8. Firdoush Khatoon W/O Riyaul Haque resident of Village Harpur bax P.O.
Raghai, P.S. Meenapur, District Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Respondent/s : Mr. K.P. Gupta, GP-10
Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-01-2026 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 issue an appropriate order/s
direction/s, including a writ preferably in the nature of
CERTIORARI for quashing the order dated 23.06.2025
passed in Anganwari case No.12/2021 passed by the
District Magistrate Cum Collector Muzaffarpur
whereby and where under he has rejected the appeal
Patna High Court CWJC No.20637 of 2025(2) dt.29-01-2026
2/3
filed by the petitioner and affirmed the order dated
12.03.2021 as contained in Memo No. 817 passed by
the District Programme Officer, Muzaffarpur.
(II) To quash the order as contained in
Memo No. 817 dated 12.03.2021 passed by the District
programme Officer Muzaffarpur passed in Case No.
87 of 2019 whereby and where under he has cancelled
the Selection of the petitioner to the post of Anganwadi
Sewika in terms of clause 12 of Anganwadi Sevika
/Sahayika guidelines 2016.
(III). To direct the respondent no. 6 and 7 to
reinstate the petitioner to the post of Anganwadi
Sevika for the abovementioned Anganwadi center,
hence forth with.
(IV) To any other relief/s to which the
petitioner was be found entitled in the facts and
circumstances of the case.”
3. At the outset, it is submitted by learned counsel for
the respondents that the petitioner has an alternate and
efficacious remedy by way of filing an appeal against the order
dated 23.6.2025 passed by the District Magistrate-cum-
Collector, Muzaffarpur before the Divisional Commissioner.
4. The Court finds substance in the submission made
on behalf of the respondents.
5. The writ application stands disposed of giving
liberty to the petitioner to challenge the order dated 23.6.2025 of
the District Magistrate-cum-Collector, Muzaffarpur before the
Divisional Commissioner, Tirhut Division, Muzaffarpur.
Patna High Court CWJC No.20637 of 2025(2) dt.29-01-2026
3/3
6. In case the same is filed within a period of one
month, the same shall be considered and decided in accordance
with law at the earliest.
7. It is made clear that the Court has not entered into
the merits of the case of the petitioner which is to be decided by
the authority concerned.
8. The writ application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
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