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Patna High Court

Archana Kumari @ Archana SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petition could not be entertained on the merits and directed the authority to decide the pending representation with a personal hearing within six weeks, thereby disposing the petition.

Summary

The petitioner, Archana Kumari, sought a writ of certiorari to quash a provisional merit list dated 31‑05‑2025 that placed her at serial No.2 for the post of Assistant Cretch Worker, and to have her reinstated at serial No.1 as per an earlier list dated 11‑03‑2024. She also claimed that a representation filed on 08‑08‑2025 remained pending before the competent authority. The High Court, after hearing, directed the authority to decide the pending representation, to afford a personal hearing to the petitioner or her counsel, and to complete the exercise within six weeks. No substantive order was passed on the merits of the merit‑list dispute. Consequently, the petition was disposed of.

Issues considered

  • Whether the provisional merit list prepared on 31‑05‑2025 can be quashed by a writ of certiorari.
  • Whether the petitioner is entitled to be placed at serial No.1 as per the earlier merit list dated 11‑03‑2024.
  • Whether the authority must grant a personal hearing and decide the pending representation filed on 08‑08‑2025.

Subjects

  • writ petition
  • certiorari
  • merit list
  • selection process
  • administrative law
  • personal hearing
  • representation
  • contractual post
  • women empowerment scheme

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8247 of 2026
                 ======================================================
                 Archana Kumari @ Archana Singh wife of Navin Kumar Singh, resident of
                 Village- Govind Phulkahan, P.O.-Singar, P.S.- Kanti, District- Muzaffarpur.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Social Welfare
                 Department, Bihar, Patna.
           2.    The Managing Director Women and Child Development Corporation, Bihar,
                 Patna.
           3.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
           4.    The District Magistrate-cum-Collector, Sheohar.
           5.    The District Planning Officer, Sheohar.
           6.    The Deputy Collector-cum-Assistant Director, Child Protection Unit,
                 Sheohar.
           7.    The District Programme Officer I.C.D.S., Sheohar.
           8.    Ruby Kumari, Wife of Rajdeo Rai, resident of Village-Rupwara Panchayat
                 Madhopur Chhota, P.O. and P.S.-Tariyani, District- Sheohar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sunil Kumar Pandey, Advocate
                 For the Respondent/s   :      Mr. Sunil Kumar Mandal, SC-3
                                               Ms. Bittu Kumari, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

2   22-06-2026                 Petitioner has prayed for the following relief(s):-

                                              (i) To issue an appropriate order/s, direction/s
                                  including a writ preferably in the nature of CERTIORARI
                                  for quashing the Accepted/Rejected provisional merit list
                                  prepared on 31.05.2025 by the selection committee headed
                                  by the Additional Collector, Sheohar for selection to the
                                  post of Assistant Cretch Worker pursuant at Police
                                  Headquarter pursuant to Advertisement No.04/2024 to be
                                  filled up on contractual basis at District Level under Chief
                                  Minister Women Power Scheme in which name of the
                                  petitioner has been placed at Serial No.2 knowingly and
                                  deliberately.
                                              (ii) To direct the concerned respondents to retain
                                  the position of petitioner at serial No.1 of the merit list in
                                  terms of previous merit list dated 11.03.2024 prepared for
          Patna High Court CWJC No.8247 of 2026(2) dt.22-06-2026
                                                      2/2




                                    the selection to the post of Assistant Cretch Worker pursuant
                                    to advertisement No.04/2024 and accordingly select the
                                    petitioner to the post in question.
                                                 (iii) To any other relief/s to which the petitioner
                                    may be found entitled in the facts and circumstances of the
                                    case.

                                2. The case of the petitioner is that he has filed a

                    representation before the competent authority, raising certain

                    grievances which are still pending before the authority.

                                3. This Court directs the authority concerned to decide

                    the representation dated 08.08.2025 i.e. Annexure P/12 and it

                    goes without saying that while passing order on the

                    representation he shall be obliged to give a personal hearing

                    either to the petitioner or legal representative.

                                4. This exercise must be completed within six weeks

                    from the date of receipt/production of a copy of this order.

                                5. With aforesaid direction the present petition stands

                    disposed of.




                                                  (Ranjan Kumar Jha, J)
rashmi/veena-

U


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