Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the Civil Surgeon‑cum‑Member Secretary to decide the petitioner’s representation within sixty days and disposed of the writ petition.
Summary
Jyoti Kumari filed a writ petition in the Patna High Court challenging the selection of Mala Devi as an ASHA worker for Ward No. 4, alleging that the selection violated the prescribed guidelines. The petitioner also submitted a representation to the Civil Surgeon‑cum‑Member Secretary, District Health Society, Saran on 15 September 2025, which remained unanswered. The petitioner sought to have the selection set aside and to be appointed in her place, as well as a direction for the pending representation to be decided. The Court examined the selection guidelines and noted that the Civil Surgeon is the original authority with the Regional Deputy Director as appellate authority. It directed the Civil Surgeon to pass a reasoned order on the representation within sixty days from the date of appearance of all parties and disposed of the writ petition.
Issues considered
- Whether the selection of the private respondent as ASHA worker complied with the prescribed selection guidelines.
- Whether the administrative authority must be directed to decide a pending representation filed by the petitioner.
Subjects
- ASHA worker
- selection guidelines
- writ petition
- administrative law
- representation
- health department
- Bihar
- civil surgeon
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3342 of 2026
======================================================
Jyoti Kumari Wife of Jitendra Kumar, resident of Village- Jajauli, P.S.-
Mashrakh, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar.
2. The State Health Society, Bihar through the Additional Secretary-cum-
Executive Director.
3. The Regional Additional Director, Health Section, Bihar, Patna.
4. The District Magistrate, Saran.
5. The Civil Surgeon-cum-Medical Officer, District- Saran.
6. The Medical Officer-in-charge, Primary Health Centre, Mashrakh, Saran.
7. The Mukhiya Gram Panchayat, Jajauli, Mashrakh, Saran.
8. Mala Devi Wife of Sudhir Rai, R/o- Jajauli, P.S.-Mashrakh, District- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Advocate
For the State : Mr. Rajnish Shandilya, AC to GA11
For the SHSB : Mr. K.K. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the State Health
Society, Bihar, Patna.
2. The present writ petition has been filed for setting
aside the selection of the private respondent no. 8, namely Mala
Devi, who has been selected as ASHA Worker of Ward No. 4,
Centre No. 76, under Jajauli Panchayat, P.S. Mashrakh, District
Saran, allegedly contrary to the prescribed guidelines. The
petitioner has further prayed that after setting aside the selection
Patna High Court CWJC No.3342 of 2026(2) dt.16-03-2026
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of the private respondent, the concerned authorities be directed
to consider and select the petitioner for the post of ASHA
Worker.
3. Learned counsel for the petitioner submits that the
petitioner has already filed a representation before the Civil
Surgeon-cum-Member Secretary, District Health Society, Saran,
vide Annexure P/4 to the writ petition, but no decision has been
taken on the same till date.
4. Learned counsel further submits that a direction
may be issued to the Civil Surgeon-cum-Member Secretary,
District Health Society, Saran to consider and dispose of the said
representation.
5. From the record, it transpires to this Court that the
said representation was sent through registered post on
15.09.2025. It further transpires that the guidelines for selection
and removal of ASHA Workers have been brought on record as
Annexure P/3 to the writ petition, wherein the Civil Surgeon-
cum-Member Secretary, District Health Society, Saran is the
original authority and the Regional Deputy Director, Health
Services is the appellate authority. Since the representation of
the petitioner is pending, the respondent no. 5, namely the Civil
Surgeon-cum-Member Secretary, District Health Society, Saran,
Patna High Court CWJC No.3342 of 2026(2) dt.16-03-2026
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is directed to pass a reasoned order on the representation of the
petitioner within a period of sixty (60) days from the date of
receipt/production of a copy of this order.
6. It is made clear that the aforesaid period of sixty
(60) days shall be counted from the date of appearance of all the
concerned parties.
7. With the aforesaid observations and directions, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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