Patna High Court
Khushbu KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court directed the respondents to complete the selection and appoint the petitioner within three months, finding no legal basis for the delay.
Summary
The petitioner, Khushbu Kumari, applied for appointment as Anganbadi Sevika at Centre No. 25, Ward No. 11, after appearing in the merit list where she was the sole candidate for that ward. She sought a writ of mandamus directing the respondents to appoint her and to complete the selection process, which had stalled despite a letter from the District Programme Officer. The respondents argued that the selection could not be completed because the required aam sabha could not be held due to fear of nuisance from anti‑social elements. The Court examined whether the failure to conduct the aam sabha justified the delay and whether a mandamus could compel the appointment. It held that the respondents must complete the selection and appoint the petitioner, as there was no legal justification for the postponement, and ordered them to do so within three months. The writ application was consequently disposed of with directions to the Collector and the Child Development Project Officer to conclude the process.
Issues considered
- Whether the respondents are liable to appoint the petitioner as Anganbadi Sevika by way of mandamus despite the alleged inability to hold the aam sabha.
- Whether the non‑conduct of the aam sabha due to fear of anti‑social elements constitutes a valid ground for postponing the selection process.
- Whether the court can direct the respondents to complete the selection and appointment within a specified time.
Subjects
- mandamus
- appointment
- Anganwadi Sevika
- selection process
- public service recruitment
- writ jurisdiction
- administrative delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7505 of 2017
======================================================
Khushbu Kumari wife of Sanjay Kumar Resident of Village - Bajitpur, Post
Police Station - Bajitpur, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through its Director, Integrated Child Development
Scheme, Bihar, Patna.
2. The Collector, Sitamarhi.
3. The District Programme Officer, Sitamarhi.
4. The Child Development Project Officer, Bajpatti, District - Sitamarhi.
5. The Block Education Officer, Bajpatti, District - Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Respondent/s : Mr. S.K. Mandal, SC- 3
Mr. Bipin Kumar, AC to SC- 3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs:
“1. (i) For issuance of
appropriate writ in the nature of
Mandamus seeking direction to
respondents to appoint the petitioner
upon the post of Anganbari Sevika at
Anganbari Centre No. 25, Ward No.
11 for which merit list was prepared
and petitioner was found only
candidate applied from Ward No. 11
Patna High Court CWJC No.7505 of 2017(3) dt.13-02-2026
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and others were not found suitable as
they were outsider from maping
register but even then respondents are
not appointing her for the reason best
known to them.
(ii) For issuance of
appropriate writ in the nature of
mandamus seeking direction to
respondents to complete the selection
process on the basis of maping done
for Ward No. 11, Centre No. 25 for
which letter No. 1407 dated
27.08.2016 was issued from District
Programme Officer, Sitamarhi to
Child Development Project Officer,
Bajpatti but inspite of such instruction
selection has not been completed.
(iii) For any other relief or
reliefs for which the petitioner is
entitled for.”
3. It is the case of the petitioner that pursuant to the
respondents coming out with an advertisement on 22.7.2016, the
petitioner being eligible in all respects for the post of Anganbari
Sevika, applied for appointment on ward no.11 of centre no.25
in gram panchayat Raj Bajitpur, block Bajpatti, district
Sitamarhi. It is submitted by learned counsel for the petitioner in
reference to Annexure-P2 that in the merit list prepared, the
Patna High Court CWJC No.7505 of 2017(3) dt.13-02-2026
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name of the petitioner figured at serial no.7 and out of the nine
empaneled candidates, she was the only one selected for ward
no.11.
4. In reference to the documents brought on record
including Annexure-P3 which happens to be the letter dated
27.8.2016 written by the District Programme Officer, Sitamarhi
as also the letter dated 2.2.2017 of the Child Development
Project Officer, Bajpatti and the statements made in the counter
affidavit and more particularly paragraph no.6(ix) thereof,
learned counsel submits that the aam sabha could not take place
as a result of the apprehension of nuisance being created by the
anti social elements.
5. Learned counsel for the petitioner submits that the
respondents be directed to appoint the petitioner, she being the
only candidate as per the merit list prepared for ward no.11.
6. In response, it is submitted by learned counsel for
the respondents that he has no further instructions in the matter
except for the statement made in the counter affidavit of the
process of selection not having been completed in view of the
aam sabha not taking place as a result of apprehension of
nuisance being created by the anti social elements.
7. In view of the facts and circumstances of the case,
Patna High Court CWJC No.7505 of 2017(3) dt.13-02-2026
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the writ application is disposed off directing the respondents
specially the Collector, Sitamarhi (respondent no.2) and the
Child Development Project Officer, Bajpatti, district Sitamarhi
(respondent no.4) to take the selection which was started with
advertisement made on 22.7.2016 for appointment of Anganbari
Sevika in ward no.11, centre no.25 of gram panchayat Raj
Bajitpur, block Bajpatti in the district of Sitamarhi to its logical
conclusion within a period of three months from the date of
receipt/production of a copy of this order.
8. The writ application stands disposed off.
(Partha Sarthy, J)
sauravkrsinha/-
U
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