Created by Fuzzy Cloud

Patna High Court

Ponam KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The Court held that the respondents' selection complied with the Selection Guidelines 2011 and was not arbitrary or illegal, and therefore dismissed the petition.

Summary

The petitioner, Ponam Kumari, applied for appointment as Anganbari Sevika under the Integrated Child Development Scheme, securing the highest marks in the provisional merit list dated 17‑08‑2013. She was denied appointment on the ground that she did not reside in the designated Poshak Area (Ward No. 14) for Anganbari Centre No. 110, despite her residence being in Ward No. 13 and a certificate from the Gram Panchayat Mukhiya. The petitioner alleged violation of natural justice, arbitrary and malafide conduct, and sought certiorari and mandamus to compel her appointment. The respondents contended that the Selection Guidelines 2011 require permanent residence in the Poshak Area, that a qualified candidate from Ward No. 14 (Kanchan Rai) was available, and that the petitioner was not present at the final Aam Sabha. The Court examined the guidelines, the clarification that Centre No. 110 falls under Ward No. 14, and held that the selection complied with the statutory criteria and was not illegal or arbitrary. Consequently, the Court dismissed the writ petition as devoid of merit.

Issues considered

  • Whether the exclusion of the petitioner for not being a resident of the prescribed Poshak Area violates the Selection Guidelines 2011 and principles of natural justice.
  • Whether the respondents complied with the mandatory residential requirement under Clause 4.5 of the Selection Guidelines.
  • Whether the petitioner is entitled to a writ of mandamus directing her appointment despite the existence of an eligible candidate from the required ward.
  • Whether the petitioner has an alternative statutory remedy that bars the writ petition.

Subjects

  • Anganbari Sevika
  • Integrated Child Development Scheme
  • Poshak Area
  • Selection Guidelines 2011
  • Natural Justice
  • Writ of Certiorari
  • Writ of Mandamus
  • Administrative Law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.21129 of 2014
     ======================================================
     Ponam Kumari W/o - Shri Rajkamal Rai, R/o - Village - Kalyanpur, Basti
     Purav Brahampur Das Tola, P.S. - Mohuddin Nagar, Distt. - Samastipur.

                                                             ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Department of Social
     Welfare, Government of Bihar, Patna.
2.   The Principal Secretary, Dept. of Social Welfare, Govt. of Bihar, Patna
3.   The Director, Integrated Child Development Services, Dept of Social
     Welfare, Govt. of Bihar, Patna.
4.   The Distt. Magistrate, Samastipur
5.   The Incharge Deputy Collector, Distt. Public Girievance Cell, Samastipur.
6.   The Distt. Programme Officer, Samastirpu.
7.   The Child Development Project, Mohiuddin Nagar, Distt. - Samastipur.
8.   Mukhiya, Gram Panchayat Raj, Kalyanpur Basti Purav Brahampur Das Tola,
     Block - Mohuddin Nagar, Dis
9.   Kanchan Rai W/o - Awadhesh Kumar rai R/o Village - Navtol Tanra
     Brahampur Das Tola, P.S. - Mohuddin Nagar, Distt. - Samastipur

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Arun Kumar, Advocate
     For the State          :      M/sVivek Prasad, AC to GP 7
                                   Sanjay Kumar, AC to GP 7
                                   Manisha Singh, AC to GP 7
     ======================================================
         CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT
                                 Date : 11-02-2026

                    1. The petitioner has filed the instant

      application for the following relief:

                                “i. For issuance of an appropriate

                        Writ in the nature of of the certiorari for

                        quashing the decision of the respondent

                        Child    Development            Project       Officer,
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           2/11




                          (C.D.P.O.)         Mohiuddin       Nagar        to   the

                          extent as mentioned in the remarks

                          column          of      the     merit    list    dated

                          17.08.2013 by which the petitioner has

                          been denied appointment on the post of

                          Anganbari Sevika and has been ousted

                          from      the      selection      process       on   the

                          ground that she does not come within

                          the Poshak Area.

                                   ii. For issuance of a Writ in the

                          nature of Mandamus commanding the

                          Respondents to appoint the Petitioner

                          on the post of Anganbari Sevika of

                          Brahampur Das Tola, Anganbari Centre

                          No. 110, Ward No. 14, as Petitioner is at

                          the top of the merit list prepared and

                          issued        by        the    Child    Development

                          Project         Officer,        Mohiuddin        Nagar,

                          Samastipur.

                                   iii. For issuance of an appropriate

                          Writ holding and declaring the decision

                          of     the      Child         Development       Project
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           3/11




                          Officer,       Mohiuddin            Nagar    to   oust

                          petitioner                         from           the

                          selection/appointment on the ground of

                          being not falling within the Poshak arca

                          is wholly arbitrary, illegal, malafide and

                          error of record.

                                   iv. For any other relief/s for which

                          the petitioner is entitled in the eye of

                          law in the facts and circumstances of

                          the Case.”

                           2. The case of the petitioner culled out

         of the Writ petition is that                    the Integrated Child

         Development Scheme (I.C.D.S.) is a centrally

         sponsored welfare scheme implemented through

         Anganbari Centres for providing essential services

         to poor children aged 0–6 years and to pregnant

         and       lactating        women.             The    appointment     of

         Anganbari Sevika is governed by departmental

         guidelines, under which the selection is made at

         the Tola/Ward level through the Aam Sabha, and

         preference           is     given        to     eligible     candidates

         belonging to the concerned Poshak Area. It is
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           4/11




         submitted that pursuant to an advertisement

         published on 19.07.2013 in the daily newspaper

         Dainik       Jagran,        applications           were   invited    for

         appointment            of     Anganbari         Sevika    to   various

         Anganbari Centres, including Centre No. 110. The

         petitioner, having fulfilled all eligibility criteria,

         applied in the prescribed format. Thereafter, an

         Aam Sabha meeting was held, and a provisional

         merit      list    was      prepared          by    the   C.D.P.O.   on

         17.08.2013, wherein the petitioner secured the

         highest marks (62.57%) and was placed at the top

         of the merit list. It is further submitted that

         however, despite her position in the merit list, the

         petitioner was denied appointment on the ground

         that she does not belong to the Poshak Area of the

         concerned Anganbari Centre.

                           3. It is submitted by the Learned

         counsel for the petitioner                    that Anganbari Centre

         No. 110 is situated in Ward No. 13, and that the

         said Centre caters jointly to Ward Nos. 13 and 14,

         as was done on previous occasions as well. The

         petitioner is a resident of Ward No. 13, which is
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           5/11




         supported by a certificate issued by the Mukhiya of

         the concerned Gram Panchayat. It is contended

         that     being         aggrieved         by   her   exclusion,   the

         petitioner has made several representations before

         the C.D.P.O., the District Magistrate, and the

         District Public Grievance Cell. Although directions

         were issued for submission of a report, no effective

         or impartial enquiry was conducted. The petitioner

         alleges that the so-called enquiry was arbitrary,

         based on a limited and selective survey, and that

         several         eligible       residents       were    deliberately

         excluded from the mapping register.

                           4.     It is further contended that            no

         notice or opportunity of hearing was afforded to

         her before recording the adverse finding regarding

         her residence. She alleges that the action of the

         respondents is arbitrary, malafide, and intended to

         favour another candidate, thereby violating the

         principles of natural justice.

                           5.     The      petitioner    alleges   malafide

         conduct on the part of the C.D.P.O., asserting that

         she was deliberately ousted to favour another
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           6/11




         candidate. It is submitted that the impugned order

         is non-speaking order without jurisdiction, and

         contrary to the scheme guidelines. Accordingly, the

         Learned counsel prays to quash of the impugned

         decision and for issuance of a Writ of mandamus

         directing the respondents to appoint the petitioner

         as Anganbari Sevika for Anganbari Centre No. 110.

                           6. A detailed counter affidavit was filed

         on behalf of respondent nos. 6 and 7 denying the

         allegation of Writ petition. It is stated that pursuant

         to a notice, applications were invited from eligible

         candidates for appointment to vacant posts of

         Anganbari Sevika from different Panchayats of

         district Samastipur, including Centre Code No. 110,

         and the selection process was conducted strictly in

         accordance with the Selection Guidelines, 2011. A

         General Body Meeting (Aam Sabha) for selection of

         Anganbari Sevika for Centre Code No. 110, Ward

         No. 14 was held, wherein the selection guidelines

         of 2011 were duly explained to the participants.

         Seven candidates participated in the selection

         process. The petitioner was not present in the said
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           7/11




         Aam Sabha.

                           7.     The       Learned       counsel      for   the

         respondents submits that during the selection

         process, a panel was prepared in which the name

         of Kanchan Rai (private respondent) appeared at

         Serial No. 1 and she was declared selected, as she

         was found to be a resident of the concerned

         Poshak Area. Though the petitioner had earlier

         appeared at Serial No. 1 in the provisional merit list

         dated        17.08.2013,           she,       along   with    another

         candidate, were found not to be a residents of the

         concerned          Poshak         Area,       whereas   the    private

         respondent, though placed at Serial No. 3, fulfilled

         the mandatory residential requirement.

                           8. It is further submitted that              Clause

         4.5 of the Selection Guidelines, 2011 mandates

         that an Anganbari Sevika must be a permanent

         resident of the concerned Poshak Area, which

         reads as follows:

                           “से ववका को सं बंवधत पोषक के तर् का सथायी वनवासी

         होना अवनवायर होगा। इसके वलए सकम प्रावधकार दारा वनगरत

         आवासीय प्रमाण पत्र साकय माना जाये गा।”
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           8/11




                           9. It is further submitted that on receipt

         of complaints made by the petitioner, the C.D.P.O.,

         Mohiuddin Nagar, submitted a clarification to the

         District Programme Officer, Samastipur vide letter

         No. 434 dated 29.08.2013, stating that Centre

         Code No. 110 is an old centre which, after ward-

         wise delimitation, falls under Ward No. 14. The

         earlier Sevika belonged to Ward No. 14, and after

         her death, selection was required to be made

         strictly made ward-wise, in accordance with the

         revised delimitation.

                           10.       The          respondents   deny   the

         petitioner’s claim that the centre was jointly meant

         for Ward Nos. 13 and 14, which was found to be

         baseless, as reflected in the clarification submitted

         by the C.D.P.O. dated 29.08.2013. Admittedly the

         petitioner is a resident of Ward No. 13, as evident

         from her own representations and the residential

         certificate issued by the Mukhiya, hence she did

         not fulfil the essential eligibility condition under

         Clause 4.5 of the Guidelines, which mandates

         residence within the concerned Poshak Area, i.e.,
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                           9/11




         Ward No. 14.

                           11.      The       respondents     assert      that

         although the petitioner secured higher marks than

         the private respondent, mere merit alone does not

         confer a right to selection in absence of fulfilment

         of mandatory eligibility conditions. The notice itself

         clearly stipulated that the appointment was for

         Ward No. 14, and only in the absence of an eligible

         candidate from the said ward candidates from

         neighbouring wards would be considered. Since an

         eligible candidate from Ward No. 14 was available,

         the petitioner could not be considered.

                           12.     It    is   also     submitted   that   the

         petitioner has not availed the alternative statutory

         remedy available to her and, therefore, prayed to

         dismiss the Writ petition.

                           13. Heard the Learned counsel for the

         petitioner as well as the Learned counsel for the

         respondents.

                           14. Considering the submissions of

         both the parties and upon perusal of the contents

         of the Writ petition, and counter affidavit                        a
Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                          10/11




         General Body Meeting was held on 17.10.2014 to

         fill up the post of Sevika of Ward No. 110 and the

         participants were apprise of the guidelines of

         selection of the year 2011. The candidatures of the

         7    candidates           were       discussed,      however,     the

         Petitioner was not present in the Aam Sabha. The

         panel was prepared wherein the name of Kanchan

         Rai figured at Serial No. 1 and she was declared as

         selected candidates whereas the Petitioner was not

         found to be of the Poshak Area and as such she

         was not selected. The merit list was prepared on

         17.08.2013 as contained in Annexure-1 from where

         it is evident that the Petitioner figured at Serial No.

         1 and one Usha Kumari figured at Serial No. 2 but

         they both did not fall within Poshak Area and the

         private respondent being at Serial No. 3 was found

         to be within Poshak Area.

                           15.     It    further       transpires   from   the

         contents of the counter affidavit that the selection

         process was admitted being conducted as per

         2011 Guidelines and the requisite qualification for

         selection of Anganbari Sevika is laid down in
             Patna High Court CWJC No.21129 of 2014 dt.11-02-2026
                                                       11/11




                      Clause-IV of the guidelines and the relevant clause

                      for the present case is Clause-4.5 which reads as

                      under. 4.5 से ववका को सं बंवधत पोषक के तर् का सथायी वनवासी

                      होना अवनवायर होगा। इसके वलए सकम प्रावधकार दारा वनगरत

                      आवासीय प्रमाण पत्र साकय माना जाये गा"

                                        16.       Therefore,        Court   is   of   the

                      considered view that the action                 of respondents is

                      not      arbitrary or illegal             in selecting the private

                      respondents as Anganbari Sevika to warrant any

                      interference by this Court.

                                        17. Accordingly, the Writ petition is

                      dismissed as devoid of merits.

                                        18. Interlocutory Application, if any,

                      shall stands disposed of.



                                         (G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.02.2026
Transmission Date


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.