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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                        3/3




                      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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