Patna High Court
Afsana KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is disposed, granting the petitioner liberty to file an appeal against the DPO's order within 30 days, with the appellate authority to decide the matter.
Summary
The petitioner, Afsana Khatoon, challenged three orders relating to the selection of Aanganbari Sevika under the Integrated Child Development Services (ICDS) guidelines, alleging procedural irregularities. The first order dated 05.06.2021 was followed by three appeals, culminating in a remand order dated 07.02.2024 by the District Programme Officer (DPO). The State argued that the DPO's order is appealable and that the petitioner should have pursued the appellate remedy instead of filing a writ. The petitioner sought permission to withdraw the writ and contest the order before the appellate authority. The Court disposed of the writ petition, granting the petitioner liberty to file an appeal within 30 days and directing the appellate authority to issue a reasoned order within 90 days, with any delay condoned.
Issues considered
- Whether the order dated 07.02.2024 passed by the District Programme Officer is appealable and can be challenged through a writ petition.
- Whether the petitioner is required to approach the appellate authority before filing a writ petition.
Subjects
- ICDS
- Aanganbari Sevika selection
- writ jurisdiction
- procedural law
- administrative law
- appeal
- selection guidelines 2016
- selection guidelines 2019
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7902 of 2025
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Afsana Khatoon Wife of Md. Israil Resident of Village- Murdauli (Ward No.
15), Post Office- Akauna, Police Station- Singhia, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Bihar, Patna.
2. The Director, ICDS, Bihar, Patna.
3. The Divisional Commissioner, Darbhanga Division, Darbhanga.
4. The District Magistrate, Samastipur, District Samastipur.
5. The District Education Officer, Samastipur.
6. The District Programme Officer, ICDS, Samastipur.
7. The Child Development Project Officer, Singhia, Samastipur, District
Samastipur.
8. The Lady Supervisor, Singhia, District -Samastipur.
9. Arti Kumari Wife of Santosh Kumar Sahu Resident of Village- Haripur, Post
office- Aakona, Police Station- Singhia, District-Samastipur.
10. Hina Khatoon Wife of Md. Shadab Alam Resident of village- Murdauli, Post
office- Akauna, Police Station- Singhia, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saobiya Mushtaque, Adv.
For the Respondent/s : Mr.Government Advocate (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-04-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
(i) To quash the order dated 07.02.2024
as contained in Memo No. 207 dated 07.02.2024
passed in Case No. 398/2019 passed by Learned
District Programme Officer, ICDS, Samastipur,
Patna High Court CWJC No.7902 of 2025(2) dt.07-04-2026
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whereby and whereunder direction has been given
to the CDPO, Singhia to makes selection on the
basis of revised merit list in the light of Sevika
Sahika, Selection guideline 2016.
ii) To quash the order dated 12.04.2023
passed in Aanganbari Appeal Case No. 458/2021
and other analogous cases passed by Learned
Collector, Samastipur,. Whereby and whereunder
the Case No. 398 of 2019 was remanded to the
District Programme Officer, ICDs, Samastipur for
passing fresh order in the light of Sevika Sahika,
Selection guidelines, 2016.
iii) To quash order dated 05.06.2021
passed in Case No. 398/2019 passed by Learned
District Programme Officer, ICDS, Samastipur
whereby and whereunder petitioners selection as
Aanganbari Sevika in Center No. 216 has been
cancelled and direction has been issued for fresh
selection in the this light of Sevika/Sahika Selection
guidelines 2019.
3. Learned counsel for the State raised preliminary
objection and submits that the first order which has been
challenged, is the order passed in Case No.398 of 2019 on
05.06.2021 by the DPO, thereafter, three appeals were preferred
in this matter. Appeal No.458 of 2021, Appeal No.463 of 2021
and Appeal No.464 of 2021 have been heard together and final
order has been passed on 12.04.2023 in which matter was
Patna High Court CWJC No.7902 of 2025(2) dt.07-04-2026
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remanded back by the Collector before the DPO and the DPO in
compliance of order passed by the Collector, has passed final
order on remand dated 07.02.2024. Therefore, the immediate
order by which the petitioner aggrieved, is the order passed by
the DPO.
4. Counsel for the State further submits that the order
passed by the DPO which is contained in Memo No.207 dated
07.02.2024 is appealable order, but inspite of filing the appeal,
the petitioner has directly preferred this writ petition before this
Hon’ble Court.
5. In response, thereof, counsel for the petitioner
seeks permission to withdraw the present writ petition with
liberty to challenge the said order passed by the DPO before the
appellate authority.
6. In the light of the submissions made, the present
writ petition is hereby disposed off granting liberty to the
petitioner to challenge the said order before the Appellate
Authority within 30 days from today along with this order and
the Appellate Authority shall pass a reasoned and speaking order
on the same within 90 days after appearance of all the
concerned.
7. Delay, if any, in filing the appeal, is hereby directed
Patna High Court CWJC No.7902 of 2025(2) dt.07-04-2026
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to be condoned.
8. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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