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Patna High Court

Archana Devi @ Archana KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Collector’s order is appealable to the Divisional Commissioner, and the petitioner must pursue that remedy; the writ petition is dismissed.

Summary

Archana Devi, an Anganwadi Sevika, challenged an order dated 31‑01‑2026 issued by the Collector of Vaishali that terminated her service under the Anganwadi Sevika and Sahayika Selection Guidelines, 2019. She sought a writ of certiorari to quash the order and a mandamus directing her reinstatement, also requesting the termination of a respondent who had engaged her. The High Court observed that the Collector’s order is expressly appealable before the Divisional Commissioner of Tirhut Division, providing an alternate and efficacious remedy. Consequently, the Court declined to entertain the writ petition on its merits and directed the petitioner to file an appeal before the prescribed appellate authority. The writ application was therefore disposed of without any substantive adjudication on the merits.

Issues considered

  • Whether the Collector's order terminating the petitioner’s service is amenable to writ jurisdiction or is subject to appeal before the Divisional Commissioner.
  • Whether the petitioner has an alternative and efficacious remedy under the Anganwadi Sevika and Sahayika Selection Guidelines, 2019.

Subjects

  • service termination
  • Anganwadi Sevika
  • certiorari
  • mandamus
  • administrative law
  • appeal
  • selection guidelines
  • high court writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5166 of 2026
                 ======================================================
                 Archana Devi @ Archana Kumari W/o Munna Kumar, R/o- Saidpur Bijli,
                 P.S.- Bhagwanpur, Dist- Vaishali, Bihar, Pin Code-844144

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through The Principal Secretary, Social Welfare Dept.,
                 Govt. of Bihar.
           2.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
           3.    The District Magistrate cum Collector, Vaishali at Hajipur.
           4.    The Child Development Project officer, Bhagwanpur, Dist- Vaishali.
           5.    The Circle Officer, Wahid Bigha, District-Aurangabad.
           6.    Kumari Sujata @Kumari Sujata Devi, W/o- Satyawachan Mahto, R/o-
                 Village Saidpur Bijili, P.S- Bhagwanpur, Dist-Vaishali, Bihar, Pin Code-
                 844144.


                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Keshab Raj, Advocate
                 For the Respondent/s   :      Mr. Sarvesh Kumar Singh, AAG- 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   07-04-2026                     Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following reliefs:

                                                             “(i) For the issuance of an
                                                appropriate writ, order, or direction,
                                                including a writ in the nature of
                                                Certiorari, for quashing the order
                                                dated 31.01.2026 in Misc. Case no-
                                                18/2025-26 passed by the Court of
Patna High Court CWJC No.5166 of 2026(2) dt.07-04-2026
                                            2/3




                                          Collector whereby the service of the
                                          petitioner       has        been   unlawfully
                                          terminated.
                                                         (ii) For the issuance of an
                                          appropriate writ, order, or direction,
                                          including a writ in the nature of
                                          Mandamus directing the respondent
                                          authorities to recognize and treat the
                                          services of the petitioner as valid, to
                                          reinstate the petitioner on duty, and
                                          consequently           to     terminate   the
                                          engagement of Respondent No.6.
                                                         (iii) For grant of any other
                                          relief/ reliefs that the petitioners may
                                          be found to be entitled to in facts and
                                          circumstances of the present case.”

                      3. In the opinion of the Court, the order dated

          31.1.2026 passed in Misc. Case no. 18/2025-26 by the Collector,

          Vaishali at Hajipur with respect to the petitioner in a matter

          covered by the Anganwadi Sevika and Sahayika Selection

          Guidelines, 2019 being appealable before the Divisional

          Commissioner, Tirhut Division, Muzaffarpur, the petitioner has

          an alternate and efficacious remedy available to him in law.

                      4. In view of the above, without entering into the

          merits of the case of the petitioner, the writ application stands

          disposed of directing the petitioner to file an appeal in
           Patna High Court CWJC No.5166 of 2026(2) dt.07-04-2026
                                                       3/3




                     accordance with law before the prescribed Appellate Authority.

                                 5. The application stands disposed of.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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