Patna High Court
Seema KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The Court held that there was no illegality in the order passed by the Collector, Gaya, and dismissed the writ petition.
Summary
The petitioner, Seema Kumari, filed a writ petition seeking a certiorari to quash a memo dated 20.03.2024 in which the District Magistrate, Gaya, allowed an Anganwadi appeal and directed the appointment of a private respondent despite the petitioner’s claim that she could not file a reply due to misinformation and that the appointment panel from 2017 was no longer valid. She contended that her certificate from Bhartiya Shiksha Parishad, Lucknow should be treated as valid for the post of Anganwadi Sevika. The State of Bihar opposed, asserting that the institution is unrecognised and presenting a letter from the Directorate, ICDS, confirming non‑recognition. The Court examined the evidence and found no illegality in the Collector’s order. Consequently, the writ petition was dismissed, leaving the appointment order intact.
Issues considered
- What is the legal validity of a certificate issued by an institution not recognised by the Government for appointment as Anganwadi Sevika?
- Whether the District Magistrate’s order quashing the earlier appointment decision is ultra vires or illegal.
- Whether procedural irregularities alleged by the petitioner justify setting aside the appointment order.
Subjects
- Anganwadi Sevika
- appointment
- certificate validity
- unrecognised institution
- certiorari
- administrative law
- Bihar Government
- ICDS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6863 of 2024
======================================================
Seema Kumari Wife of Srikant Kumar Resident of Village- Mayapur, Ward
No.- 2, Panchayat- Tarwan, P.S.- Wazirganj, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Integrated Child Development
Services, Patna.
2. The District Magistrate Gaya
3. The District Programme Officer, Gaya.
4. The Child Development Project Officer, Wazirganj, District- Gaya
5. The Supervisor, Wazirganj Block, District- Gaya
6. Smt. Puja R. W/o Gulshan Kumar, Resident of Village- Mayapur, Ward No.
2, Panchayat- Tarwana, P.S.- Wazirganj, District- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the Respondent/s : Md. Mujtabaul Haque, GP-12
Mr. Manish Kumar, AC to G.P.12
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 20-01-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“(i) For issuance of an
aplpropriate writ in the nature of certiorari
for quashing of the order contained in Memo
No. 1341 dated 20.03.2024 passed by the
District Magistrate, Gaya in Anganwari
Appeal Case No. 45/2018 whereby and
Patna High Court CWJC No.6863 of 2024 dt.20-01-2026
2/3
where under the District Magistrate, Gaya
has allowed the Anganwari Appeal setting
aside the order passed by the District
Programme Officer dated 28.06.2018 further
directing the Child Development Project
Officer, Wazirganj, Gaya, who appoint the
private Respondent within one month
without considering that the petitioner could
not place her case not filed reply before the
District Magistrate, Gaya due to wrong
information by the conducting lawyer and
also without considering that since the
matter relating to the appointment made in
the year 2017 and panel prepared for
appointment has lost its validity.
(ii) For further direction to the
Respondent authorities to hear afresh and
pass a fresh order after giving opportunity to
the petitioner.
(iii) For further direction to the
Respondent authorities not to appoint the
private respondent on the basis of the said
panel prepared in the year 2017 till final
decision of this writ application.
(iv) And for any other relief/reliefs
for which the petitioner is found to be
entitled in the eye of law.”
3. Learned Counsel for the petitioner submits that the
certificate of the petitioner belongs to Bhartiya Shiksha
Patna High Court CWJC No.6863 of 2024 dt.20-01-2026
3/3
Parishad, Lucknow (U.P.) should be treated as valid for
appointment on the post of Anganwari Sevika. He submits that
this is the only question involved in the present case.
4. Learned Counsel for the State submits that the
appellate order passed by the District Magistrate, Gaya, is well
reasoned order. He also submits that by virtue of counter
affidavit, it is the stand of the State that Bhartiya Shiksha
Parishad, Lucknow (U.P.) is a fake institution and not
recognized by the Government of Bihar, Human Resources
Department, Patna. In this regard, the State of Bihar have
annexed a letter issued by the Directorate, I.C.D.S. Bihar, which
is annexed as Annexure-R/1 series.
5. From perusal of Annexure-R/1 series, it transpires
that Bihar Government has not recognized the said institution.
6. In this view of the matter, this Court finds that
there is no illegality in the order passed by the Collector, Gaya.
Hence, this writ petition is dismissed.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date
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