Patna High Court
Fula DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The appropriate remedy is an appeal before the concerned District Magistrate, and the writ petition is disposed with liberty to file such appeal.
Summary
The petitioner, Fula Devi, filed a writ petition seeking appointment as Anganbari Sevika for Ward No.03, alleging that a 2017 appointment was forged and that despite a finding of illegality against a private respondent, she was not granted the post. The District Programme Officer had initiated a misc. case and concluded the appointment was illegal, but no relief was given to the petitioner. The State argued that the petitioner must first appeal to the District Magistrate as per the relevant Margdarshika and that the High Court is not the executing authority. The Court examined whether the High Court could entertain the petition directly or whether the statutory appeal route was the exclusive remedy. It held that the petitioner must first move an appeal before the concerned District Magistrate, granting her liberty to do so and directing that any delay in filing the appeal be condoned if within 30 days. The writ petition was therefore disposed, with directions for the appellate authority to hear both parties before passing an order.
Issues considered
- Whether the petitioner can approach the High Court directly for appointment relief bypassing the statutory appeal before the District Magistrate.
- Whether the High Court has jurisdiction to direct implementation of the D.P.O. order in this matter.
- Whether the appropriate remedy for the petitioner is an appeal under the Margdarshika before the District Magistrate.
Subjects
- appointment
- Anganbari Sevika
- writ petition
- appeal
- ICDS
- administrative law
- public service appointment
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5204 of 2026
======================================================
Fula Devi Wife of Moti Ram, Resident of village- Khatkhari, P.S. - Aghaura,
District- Kaimur, Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Social Welfare
Department, Govt. of Bihar.
2. The Additional Chief Secretary Social Welfare Department, Government of
Bihar, Patna.
3. The Commissioner, Patna Division, Patna.
4. The District Magistrate, Kaimur, Bhabua.
5. The District Programme Officer, ICDS, Kaimur, Bhabua.
6. The C.D.P.O. Block Aghaura, P.S. - Angaura, District- Kaimur, Bhabua.
7. The Block Development Officer, Aghaura, Kaimur.
8. Guriya Kumar, Lady Supervisor Child Development Project, Aghaura,
Kaimur, Bhabua.
9. Sima Dev, W/o Rajesh Ram, Resident of Village- Khatkhari, Ward No. 03,
P.S. - Aghaura, District- Kaimur, Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Advocate
For the Respondent/s : Mr. Government Pleader (06)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-04-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed by the
petitioner directing the respondent to appoint/select the
petitioner on the post of Anganbari Sevika for Ward No.03,
Centre Khatkhari, within Dighar Panchayat, Block Aghaura,
Patna High Court CWJC No.5204 of 2026 dt.07-04-2026
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District- Kaimur, Bhabua. Further prayer has been made to
implement the order dated 15.11.2025 contained in Memo
No.1638 dated 15.11.2025 (Annexure-P/6), with any other relief
or reliefs for which the petitioner is found entitled.
3. Learned Counsel for the petitioner submits that on
the application filed by the petitioner, the District Programme
Officer, ICDS, Kaimur, Bhabua, has initiated Misc. Case No.2
of 2023 against private respondent No.9 and it was found that
appointment of the petitioner of the year 2017 was forged and
fabricated. But he is aggrieved by the said order that on the one
hand the District Programme Officer has found the appointment
of respondent No.9 became illegal, but petitioner was not
granted any liberty to join on the said post. Therefore, he
preferred the writ petition.
4. Learned Counsel for the respondent submits that
there is a provision of appeal before the concerned District
Magistrate according to the relevant Margdarshika and
petitioner instead of availing the said remedy has moved
directly before this Court. Counsel also submits that this
Hon’ble Court is not the executing Court under which the order
passed by the D.P.O. shall be implemented.
5. In the light of the submissions made, it transpires to
Patna High Court CWJC No.5204 of 2026 dt.07-04-2026
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this Court that remedy available to the petitioner to move before
the concerned District Magistrate, therefore, the writ petition is
disposed off granting liberty to the petitioner to move before the
concerned District Magistrate. It is made clear that if there is
any delay in filing the appeal, it is directed to be condoned, if
filed within 30 days.
6. It is made clear that the appellate authority upon
filing the appeal shall hear the petitioner as well as to
respondent No.9 and, then, after granting opportunity to both,
shall pass order in accordance with law.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.04.2026
Transmission Date
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