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Patna High Court

Fula DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                      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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