Patna High Court
Sonali KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as the petitioner failed to first approach the appropriate appellate forum.
Summary
Petitioner Sonali Kumari, who had served as a Sahayika Sevika (Anganwadi worker) for about eight years, challenged an order of the District Program Officer (DPO) that rejected her appeal and directed her replacement, alleging the order violated the Anganwadi Sevika/Sahayika Appointment Guidelines 2016. She filed a writ petition seeking a certiorari to quash the DPO's order and a direction to continue in her post. The State argued that the petitioner had not first exhausted the statutory appellate remedy available under the administrative scheme. The High Court held that the petitioner was required to approach the designated appellate forum before invoking the court's writ jurisdiction. Consequently, the writ petition was dismissed, though any delay in filing the subsequent appeal was condoned.
Issues considered
- Whether the writ petition is maintainable when the petitioner has not exhausted the statutory appellate remedy.
- Whether the High Court can entertain a certiorari against the DPO's order under Article 226 in the present circumstances.
Subjects
- Writ jurisdiction
- Article 226
- Exhaustion of remedies
- Anganwadi
- Appointment guidelines
- Certiorari
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4757 of 2026
======================================================
Sonali Kumari Wife of Sri Jyotish Kumar, Resident of Village Saraiya, P.S.
Bakhtyarpur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Bihar, Patna.
2. The Collector cum District Magistrate, Patna.
3. District Program Officer cum First Appellate Authority, Integrated Child
Development Services, Patna.
4. The Child Development Project Officer, Bakhtyarpur-Belchhi, Patna.
5. The Supervisor (Female), Anganwadi Centre No. 290, Ward No. 08, Village
Saraiya, Gram Panchayat-Misi, Block-Bakhtyarpur, P.S.-Bakhtyarpur,
District-Patna.
6. Smt. Ranju Devi, Wife of Ravindra Chaudhri, Daughter of Parmeswari
Chhaudhari, Resident of Village Saraiya, Ward No. 08, P.S.-Bakhtyarpur,
District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 31-03-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“(i) To issue an appropriate writ
in the nature of certiorari quashing / setting
aside the order passed Vide Memo No. 379
dated 20.02.2026 in Appeal Case No.
Patna High Court CWJC No.4757 of 2026 dt.31-03-2026
2/3
14/2024 by the District Program Officer-
cum-First Appellate Officer, Patna whereby
being obliged and directed by the order
dated 13.11.2024 passed in Anganwadi
Appeal Case No. 02/23-24 Kumari Ranju
-vs- District Program Officer, Patna and
Sonali Kumari the District Program Officer,
Patna has rejected the appeal of the
Petitioner observing that the selection and
appoint of the Petitioner as Sahayika Sevika
for Anganwadi Centre No. 290, Village
Saraiya, Ward No. 08, Gram Panchayat
Misi, Block- Bakhtyarpur District Patna is
not as per Anganwadi Sevika /Sahayika
Appointment Guidelines 2016 and further
the direction was given to select and appoint
the Respondent No. 06 for the post of the
same as the order is not legal as per the
prevalent law of the State.
(ii) To issue an appropriate writ in
the nature of direction or directions to the
Respondent Authorities to continue the
Petitioner for the post for which she was
selected and appointed and worked for
approximately 8 years and the same cannot
be done after a long period of time.
(iii) To issue any other writ/writs
and/or direction /directions to the
respondents as your Lordships may deem fit
and proper in the facts and circumstances of
Patna High Court CWJC No.4757 of 2026 dt.31-03-2026
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the case.”
3. Learned counsel for the State raised preliminary
objection and submits that in the second round of litigation,
after remand by the District Magistrate, the petitioner moved
before the District Programme Officer and, then, directly come
before this Hon’ble Court without preferring the appeal. He
submits that the actual remedy available to the petitioner only
before the appellate forum and not directly before this Hon’ble
Court.
4. This Court after hearing the parties is of the firm
view that the argument made by the learned Counsel for the
State is completely in accordance with law. The petitioner ought
to move before the appellate forum first. It is due to this reason,
this writ petition is dismissed. The delay, if any, in filing the
appeal is directed to be condoned.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.04.2026
Transmission Date
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