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Patna High Court

Rinku DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Programme Officer had failed to pass an order under Rule 12 and directed him to do so within 60 days, thereby disposing the writ petition.

Summary

The petitioner, Rinku Devi, filed a writ petition seeking to quash the selection letter dated 12‑04‑2018 that appointed respondent No.6, Pinki Kumari, as Anganbari Sahayika, alleging that the appointment was based on forged documents. The petitioner claimed that a complaint was lodged with the District Programme Officer (DPO) and that the DPO’s investigation found the certificates to be forged, yet no action was taken. The State contended that the complaint was examined, the certificates were verified as genuine, and therefore no order was required. The Court examined Rule 12 of the Anganwari Sevika/Sahayika Margdarshika, 2016, which mandates that the DPO must entertain such complaints and pass an order after hearing both parties. Finding that the DPO had not issued any order, the Court directed the DPO to comply with the rule and pass a decision within 60 days from the date of appearance of the parties. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the selection letter appointing respondent No.6 can be quashed on the ground of alleged forged documents.
  • Whether the District Programme Officer complied with Rule 12 of the Anganwari Sevika/Sahayika Margdarshika, 2016 in entertaining the complaint.
  • Whether the court can direct the District Programme Officer to pass an order within a specified time frame.

Subjects

  • Anganwadi
  • Anganbari Sahayika
  • selection letter
  • forged documents
  • Rule 12
  • Anganwari Sevika/Sahayika Margdarshika, 2016
  • District Programme Officer
  • writ petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3452 of 2022
     ======================================================
     Rinku Devi Wife of Rupa Paswan, resident of Village-Chandrakaithi, P.O.-
     Chandra Kaithi, P.S.-Chenari, District-Rohtas.
                                                                ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Secretary, Social Welfare Department, Govt.
      of Bihar, Patna.
2.   The Director, Integrated Child Development Scheme, Social Welfare
     Department, Govt. of Bihar, Patna.
3.   The District Magistrate, Rohtas, Sasaram.
4.   District Programme Officer, Rohtas at Sasaram.
5.   Child Development Project Officer, Block Chenari, District-Rohtas,
     Sasaram.
6.    Pinki Kumari, Wife of Chandan Paswan, Resident of Village-Chandrakathi,
      P.S. and Block-Chenari, District-Rohtas.
                                                           ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Mukul Sinha, Advocate
     For the Respondent/s   :       Mr. S.K. Mandal (SC-3)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 28-01-2026

                  Heard Learned Counsel for the petitioner and learned

      Counsel for the State.

                  2. The present writ petition has been filed for

      quashing the selection letter dated 12.04.2018, by which

      respondent No.6 was appointed on the post of Anganbari

      Sahayika.

                  3. Learned Counsel for the petitioner submits that the

      selection has been made on the basis of forged and fabricated

      documents of respondent No.6. He submits that he has moved

      before the District programme Officer making objection with
Patna High Court CWJC No.3452 of 2022 dt.28-01-2026
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         regard to appointment of respondent No.6 vide Annexure-7.

         According to Rule 12 of the Anganwari Sevika/Sahayika

         Margdarshika, 2016. He submits that on his objection action

         has been taken and Committee was formed. Counsel submits

         that the C.D.P.O. has entertained the complaint and disposed off

         the same. Counsel submits that vide Annexure-8, it has been

         found by the C.D.P.O. that the certificates are forged and

         fabricated but no action had been taken. Therefore, Counsel

         submits that Selection Letter dated 12.04.2018 be set aside and

         at the place of respondent No.6 petitioner be appointed.

                     4. Learned Counsel for the State, on the other hand,

         submits that it is true that objection has been made by the

         petitioner against the appointment of respondent No.6. The

         C.D.P.O. has called for the report from the concerned School

         and Headmaster of the School upon verification submits that the

         certificate was genuine and, therefore, no action was taken.

                     5. After hearing the parties, certain points which are

         very much clear that appointment of respondent No.6 is guided

         by the Anganwari Sevika/Sahayika Margdarshika, 2016 and

         under the Anganwari Sevika/Sahayika          Margdarshika, 2016

         Rule 12 states about the entertainment of the complaint relating

         to any appointment by the District Programme Officer.           It
             Patna High Court CWJC No.3452 of 2022 dt.28-01-2026
                                                        3/3




                      transpires to this Court that complaint has been filed against the

                      said appointment under which District Programme Officer has

                      to pass order, but from the pleadings and documents on record,

                      it transpires that the District Programme Officer, Rohtas,

                      Sasaram, had not passed any order on the said complaint. It is

                      due to this reason, this Court, without entertaining into the merit

                      and demerit of the case, hereby directs respondent No.4, the

                      District Programme Officer, Rohtas at Sasaram, to follow the

                      law laid down under Rule 12 of the Anganwari Sevika/Sahayika

                      Margdarshika, 2016. According to which, District Programme

                      Officer upon receiving the complaint shall pass order based on

                      evidence and hearing both the parties. As such, he shall pass

                      order within 60 days from the date of receipt/production of a

                      copy of this order before him.

                                  6. The time of 60 days shall be counted from the date

                      of appearance of both the parties before him.

                                  7. With this direction, the writ petition stands disposed

                      off.
                                                                   (Dr. Anshuman, J)

Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.01.2026
Transmission Date


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