Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as the petitioner was barred from filing a fresh writ after being directed to seek alternative remedies and failed to do so.
Summary
Rubi Devi, a candidate for Anganwadi Sevika, challenged an order dated 11‑12‑2023 that set aside her selection in favour of another candidate, Geeta Jha. She filed a writ petition seeking to set aside a later order dated 01‑08‑2025 passed by the Divisional Commissioner, Darbhanga, and to be appointed as Sevika. The State argued that Rubi Devi had previously filed two writ petitions (CWJC No. 13751/2019 and CWJC No. 5557/2024) and was granted liberty to pursue alternative remedies, including filing a civil suit. Despite that liberty, she did not file a suit and instead approached the Divisional Commissioner, which the Court held to be a breach of judicial discipline. Consequently, the Court dismissed the present writ petition for lack of jurisdiction and for the petitioner’s non‑compliance with the earlier direction.
Issues considered
- Whether a petitioner, after being granted liberty to pursue alternative remedies in a prior writ petition, can file a fresh writ petition challenging a subsequent administrative order.
- Whether the High Court has jurisdiction to entertain the present writ petition in view of the earlier directions.
Subjects
- writ petition
- jurisdiction
- procedural law
- administrative law
- Anganwadi recruitment
- civil suit
- alternative remedy
- judicial discipline
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6761 of 2026
======================================================
Rubi Devi W/o Late Sanjay Nath Chaudhary, R/o village- Erazi Jagat, P.S.-
Benipatti, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Director, Integrated Child Development Scheme Directorate, Social
Welfare Department, Government of Bihar, Patna.
3. The Commissioner, Darbhanga Division, Darbhanga.
4. The Collector- cum- District Magistrate, Madhubani.
5. The District Programme Officer, Madhubani.
6. The Child Development Project Officer, Benipatti, Madhubani.
7. The Lady Supervisor, Benipatti, Madhubani.
8. Geeta Jha, W/o Late Brajesh Jha, R/o village- Jagat, P.S.- Benipatti, District-
Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Pandit, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following reliefs:-
“I. For setting aside the order
dated 01/08/2025 (Annexure-P/14) passed in
Aanganbari Appeal Case No. 12/2024 by the
Divisional Commissioner, Darbhanga
whereby and where under application filed
by petitioner in compliance with the order of
Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026
2/5
Hon'ble Court dated 18/04/2024 passed in
CWJC No.5557/2024 filed for setting aside
the order dated 11/12/2023 passed in
Anganbari Appeal Case No.21/2020-21 by
the Collector, Madhubani has been dropped
on lack of jurisdictional ground in cryptic
manner with advice to the petitioner to move
before the competent Civil Court for
redressal of grievance.
II. For quashing the order dated
11.12.2023 (Annexure-P/11) passed by the
District Collector. Madhubani in Anganwari
Appeal Case No. 21 of 2020-21 by setting
aside the order passed by the District
Programme Officer, Madhubani in
Miscellaneous Case No. 7/2019 as contained
in Memo No. 256 dated 15.05.2020 whereby
and where under the District Programme
Officer, Madhubani has been pleased to set
aside the selection of the newly selected
Sewika namely Geeta Jha (Respondent No.
8) of Ward No. 1, Panchayat Behta, Centre
No. 334, Block Benipatti directing the
appointment of the petitioner of Ward No. 1,
Panchayat Behta, Block Benipatti, Centre
No. 334 as Sevika finding her name in merit
list at serial no. 1 (after refusal of the
candidate whose name was placed at serial
no. 1) in view of powers vested with him in
Clause 12 of the Guidelines issued by the
Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026
3/5
Department as contained in Letter No. 2222
dated 25.05.2018 (Annexure P/2 Series).
III. For a direction to the
respondents to appoint the petitioner as
Anganwari Sewika, Ward No. 1, Panchayat
Behta, Centre No. 334, Block Benipatti and
to pay the consequential benefits of the post.
IV. For issuance of any other relief
or reliefs for which the petitioner is entitled
in the facts and circumstances of the case.”
3. Learned counsel for the State raised a preliminary
objection and submits that the petitioner has moved before this
Hon’ble Court twice earlier. Firstly, in CWJC No. 13751 of
2019 (Rubi Devi Vs. The State of Bihar & Ors.), which was
disposed of vide order dated 11.07.2019 granting liberty to the
petitioner to avail the remedy of appeal. Counsel further submits
that thereafter an appeal was preferred, however, subsequently,
the petitioner again moved before this Court in CWJC No. 5557
of 2024 (Rubi Devi Vs. The State of Bihar & Ors.), wherein, by
order dated 18.04.2024, liberty was granted to avail such other
alternative remedies as are available under law, including filing
a civil suit before the learned Civil Court of competent
jurisdiction. With this liberty, the writ petition was dismissed as
not pressed.
Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026
4/5
4. Counsel further submits that, in that view, the
petitioner had no scope to move again before the Divisional
Commissioner, Darbhanga Division, and obtain any order,
which is impugned herein, in Aanganbari Appeal Case No. 12 of
2024.
5. After going through the aforementioned orders,
particularly the order dated 18.04.2024 passed in CWJC No.
5557 of 2024 (Rubi Devi Vs. The State of Bihar & Ors.), which
was dismissed as not pressed with the following observation:-
“2. At the outset, the learned
counsel for the petitioner seeks not to press
the present writ petition, however, seeks
liberty on behalf of the petitioner to avail
such other alternative remedies as are
otherwise available under the law, including
that of filing a civil suit before the learned
civil court of competent jurisdiction. Liberty,
so sought, is granted.
3. The writ petition stands
dismissed as not pressed.”
6. The petitioner, in spite of the observation to file a
civil suit before the learned Civil Court of competent
jurisdiction, did not do so, but instead approached the Divisional
Commissioner, Darbhanga Division, who passed the order in
Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026
5/5
Aanganbari Appeal Case No. 12 of 2024, which is impugned
herein.
7. It transpires to this Court that judicial discipline has
not been followed. As such, this Court is not inclined to pass
any order. Accordingly, the present writ petition stands
dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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