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Patna High Court

Rubi DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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
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                                  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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