Patna High Court

Mamta Devi @ Mamta KumariversusThe State of Bihar

Decided: 18 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The writ petition is dismissed because the petitioner failed to avail the statutory appeal provided under the appointment guidelines.

Summary

The petitioner, Mamta Devi, filed a writ petition seeking quashing of a 16‑02‑2023 order of the District Programme Officer (DPO) that rejected her complaint for the second time. She alleged that an identical complaint filed in 2022 had also been dismissed, an appeal was filed, and the DPO again entertained a similar complaint and ruled against her, with a subsequent application for reconsideration ignored. The State argued that the DPO's order is appealable under the Guidelines for Appointment of Anganwari Sevika/Sahayika, and that the petitioner must first exhaust the statutory appeal remedy. The Court held that because a specific statutory appeal mechanism exists, the petitioner cannot directly approach the High Court without first filing that appeal. Consequently, the writ petition was disposed without reaching the merits, and the petitioner was directed to file an appeal within 30 days, with any delay condoned, and the authority was instructed to decide the appeal within 90 days of hearing.

Issues considered

Whether the order of the District Programme Officer is appealable under the Guidelines for Appointment of Anganwari Sevika/Sahayika.
Whether the petitioner can approach the High Court directly without availing the statutory appeal remedy.

Subjects

Writ petition
Statutory appeal
Administrative law
Anganwadi Sevika appointment
High Court
Quashing order
Procedural requirement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5713 of 2026
                 ======================================================
                 Mamta Devi @ Mamta Kumari W/o Ram Ashish Paswan, Resident of
                 Village- Thika Kouta, P.O.- Belhawar, P.S.- Rajnagar, Dist- Madhubani.

                                                                             ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Social Welfare
                 Department, Bihar, Patna.
           2.    The Directorate of Integrated Services of Child Development, Social
                 Welfare Department, Bihar, Patna.
           3.    The Collector-cum-District Magistrate, Madhubani.
           4.    The District Programme Officer, Madhubani.
           5.    The Child Development Project Officer, Rajnagar, Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sanjay Kumar, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                               ORAL ORDER


2   18-04-2026                    Learned counsel for the petitioner and learned

                   counsel for the State are present.

                                  2. The present writ petition has been filed seeking

                   quashing of the order contained in Memo No. 314 dated

                   16.02.2023 passed by the District Programme Officer,

                   Madhubani.

                                  3. Learned counsel for the petitioner submits that an

                   identical complaint had earlier been filed in the year 2022,

                   which was rejected by the District Programme Officer, and no
Patna High Court CWJC No.5713 of 2026(2) dt.18-04-2026
                                            2/3




          appeal was preferred against the same. However, the District

          Programme Officer again entertained a similar complaint and,

          for the second time, decided the matter against the petitioner. It

          is further submitted that on 09.05.2024, the petitioner filed an

          application for reconsideration of the case, but no action has

          been taken by the District Programme Officer, compelling the

          petitioner to approach this Hon’ble Court.

                        4. Learned counsel for the State has raised a

          preliminary objection, submitting that the order passed by the

          District Programme Officer is an appealable order under the

          Guidelines for Appointment of Anganwari Sevika/Sahayika. It is

          contended that the petitioner, without availing the statutory

          remedy of appeal, has directly approached this Hon’ble Court.

                        5. In view of the submissions made, and considering

          that the Guidelines governing the appointment process provide

          for a statutory remedy of appeal before the competent authority,

          this writ petition is disposed of without entering into the merits

          of the case.

                        6. However, the petitioner is granted liberty to

          approach the competent authority by filing an appeal within 30

          days from today. It is made clear that any delay in filing the

          appeal shall stand condoned, provided the same is filed within
            Patna High Court CWJC No.5713 of 2026(2) dt.18-04-2026
                                                        3/3




                      the said period of 30 days. The authority concerned is directed

                      to pass a reasoned and speaking order on the appeal, if filed,

                      within a period of 90 days from the date of completion of

                      appearance of all concerned parties.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

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