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Patna High Court

Mamata DeviversusUnion of India

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must first avail the statutory remedy of appeal before approaching the High Court.

Summary

Mamata Devi filed a writ petition seeking her appointment as Anganwari Sahayika under the Nawanagar Pariyojna and requesting that the appointment of Usha Kumari be declared null and void, alleging that Kumari's appointment was obtained through forged documents. The petitioner approached the Patna High Court directly without first challenging the order of the District Programme Officer, Buxar, which had appointed Kumari. The State argued that the petitioner has a statutory remedy of filing an appeal against the officer's order and cannot bypass that remedy. The Court observed that the petitioner had not exhausted the prescribed appellate remedy and therefore could not maintain the writ petition. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to prefer an appeal before the appropriate authority. The Court directed that the appellate authority decide the appeal within 90 days after hearing all parties.

Issues considered

  • Whether the petitioner can approach the High Court directly without first availing the statutory remedy of appeal against the District Programme Officer's order.
  • Whether the appointment of the respondent as Anganwari Sahayika can be declared null and void on the ground of forged documents.

Subjects

  • appointment
  • Anganwadi
  • writ petition
  • statutory remedy
  • appeal
  • forged documents
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.4914 of 2025
                 ======================================================
                 Mamata Devi W/o- Amresh Kumar Singh, Resident of Pawarpur, PO- Kesath,
                 PS- Nawanagar, District- Buxar.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    Union of India through The Secretary, Department of Administrative
                 Reforms and Public Grievance, Government of India, New Delhi.
           2.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           3.    The State of Bihar, through the Additional Chief Secretary, Department of
                 Social Welfare Government of Bihar, Patna.
           4.    District Programmer Officer, ICDS, Buxar.
           5.    District Education Officer, Buxar.
           6.    Smt. Usha Kumari W/o- Arjun Ram, R/o- Pawarpur, PS- Nawanagar,
                 District- Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Hafiz Shahbaz Arif, Advocate
                 For the Respondent/s   :      Mr. Mujtabaul Haque, GP-12
                                               Mr. Vasant Vikash, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for a

                   direction to the respondent authorities to appoint the petitioner

                   to the post of Anganwari Sahayika under Nawanagar Pariyojna,

                   and also to declare the appointment of respondent No. 5 as null

                   and void.

                               3. Learned counsel for the petitioner submits that

                   respondent No. 6 has obtained appointment on the basis of

                   forged and fabricated documents.
            Patna High Court CWJC No.4914 of 2025(2) dt.23-03-2026
                                                        2/2




                                  4. Learned counsel for the State submits that although

                      the petitioner has filed the present writ petition, he has not

                      challenged the order passed by the District Programme Officer,

                      Buxar. It is further submitted that the petitioner has a statutory

                      remedy of appeal, but has approached this Hon’ble Court

                      directly without availing the said remedy.

                                  5. Accordingly, the present writ petition stands

                      disposed of with liberty to the petitioner to prefer an appeal

                      before the appropriate authority.

                                  6. It is made clear that the appellate authority shall

                      pass an order on the appeal, if preferred, within 90 days from

                      the date of completion of appearance of the parties, after

                      affording an opportunity of hearing to all concerned parties.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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