Created by Fuzzy Cloud

Patna High Court

Reetu Kumari @ Ritu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed; the petitioner must first file a complaint with the District Programme Officer before seeking relief in court.

Summary

Reetu Kumari filed a writ petition seeking the quashing of Pinki Kumari's appointment as Anganwadi Sevika in Parasiyankala village, alleging the appointment was illegal and fraudulent, and also requested her own appointment and publication of a merit list. The State argued that the petition was premature, contending that the petitioner must first lodge a complaint with the District Programme Officer (ICDS) before approaching the court, as mandated by the Anganwadi Sevika and Sahayika Margdarshika. The petitioner claimed she had already approached the DPO, but no action was taken. The Court held that the procedural requirement had not been satisfied and directed the petitioner to file a fresh complaint with the DPO within 30 days, after which the DPO should issue summons and pass a reasoned order within 90 days. Consequently, the writ petition was disposed without granting any relief.

Issues considered

  • Whether the petitioner can directly approach the High Court for removal of the Anganwadi Sevika without first filing a complaint before the District Programme Officer as required by the Anganwadi Sevika and Sahayika Margdarshika.

Subjects

  • Anganwadi Sevika
  • illegal appointment
  • writ petition
  • procedural requirement
  • District Programme Officer
  • ICDS
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7387 of 2025
                 ======================================================
                 Reetu Kumari @ Ritu Devi Wife of Harendar Sah Resident of Village-
                 Parasiyan Kala, P.S.- Dawath, District- Rohtas.
                                                                          ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Social Welfare
                  Department, Government of Bihar, Patna.
           2.    The Director Integerated Child Development Scheme, Indira Bhawan,
                 Bailey Road, Patna.
           3.    The District Magistrate, Sasaram, Rohtas.
           4.    The Child Development Project Officer, Bikramganj, District- Rohtas.
           5.    The District Programme Officer (ICDS), Rohtas at Sasaram.
           6.    Female Supervisor, x
           7.     Pinki Kumari, Daughter Dawarika Sah, Wife of Dhanjee Sah Resident of
                  Village- Parsiyakala, P.O.- Semari, P.S.- Dawath, District- Rohtas.
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Shiv Prasad Gupta, Advocate
                 For the Respondent/s    :      Mr. Arvind Ujjwal, SC-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-04-2026                          Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. Learned Counsel for the petitioner submits that in

                   the array of parties, the concerned private respondent has been

                   correctly shown as respondent No. 7, however, in the prayer

                   portion, relief has inadvertently been sought against respondent

                   No. 6. Learned Counsel submits that this is an inadvertent

                   mistake in the prayer portion. Therefore, he seeks permission to

                   correct the same in course of the day.

                               3. Permission, as prayed for, is granted.
Patna High Court CWJC No.7387 of 2025(2) dt.02-04-2026
                                            2/3




                      4. The present writ petition has been filed for the

          following reliefs:-

                                               (i) To issuance of an appropriate
                                  writ / Direction or order for quashing the
                                  appointment of private respondent no.7
                                  Pinki Kumari who has been illegally and
                                  fraduently       appointed    by     the   illegal
                                  connievence        of   respondent    Authorities
                                  without any valid and proper documents on
                                  the post of Angan Bari Sevika in the
                                  Panchayat village Parasiyankala ward no.,3
                                  District Rohtas.
                                               (ii) For issuance of an appropriate
                                  writ / Direction or order for Appointment of
                                  petitioner on the post of Anganbari Sevika in
                                  Panchayt village Parasiyankala ward no. 3
                                  code no. 124 District Rohtas after cancelling
                                  the appointment of respondent no. 7
                                               (iii) Also for the publication of
                                  merit list of candidates selected for Sevika
                                  by which a proper applicant of said
                                  panchayat should be appointed.
                                               (iv) Also for the any other proper
                                  order / orders writ / writs as the petitioner is
                                  entitled as per the law.
                      5. Learned counsel for the State raised preliminary

          objection and submits that the relief sought by the petitioner for

          removal of Respondent No. 7 cannot be entertained, as it is
         Patna High Court CWJC No.7387 of 2025(2) dt.02-04-2026
                                                     3/3




                   governed by the Anganbari Sevika and Sahayika Margdarshika.

                   Counsel further submits that, for the said relief, the petitioner

                   ought to have filed a complaint before the District Programme

                   Officer and only thereafter he has to move before this Hon’ble

                   Court.

                               6. Learned counsel for the petitioner submits that the

                   petitioner has filed an application before the D.P.O., Rohtas,

                   Sasaram, but the said D.P.O. has taken no action and has not

                   entertained her petition.

                               7. In light of the submissions made above, the present

                   writ petition stands disposed of, directing the petitioner to file a

                   fresh complaint before the District Programme Officer (ICDS),

                   Rohtas at Sasaram (respondent No. 5). within 30 days along

                   with a copy of this order, and upon receipt of the same,

                   respondent No. 5 shall issue summons to all concerned and,

                   upon verification, shall pass a reasoned and speaking order

                   within 90 days thereafter.

                               8. It is made clear that the period of 90 days shall be

                   counted from the date of appearance of all concerned persons.


                                                                  (Dr. Anshuman, J.)
Aman Kumar/-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.