Patna High Court
Archana Devi @ Archana KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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