Patna High Court
Soni Kumari @ Shiyawanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The Court held that there is no illegality in the orders appointing respondent No.11, and therefore the writ application is dismissed.
Summary
The petitioner, Soni Kumari, applied for the post of Anganwadi Sevika under Advertisement No.8/2015, but the post was awarded to respondent No.11, Punam Kumari. The petitioner challenged the appointment, alleging that the respondent was not a resident of the required poshak kshetra and that the selection ignored caste and residency criteria. The District Programme Officer and the Additional Collector upheld the appointment, citing the respondent's higher matriculation marks and voter‑list evidence of residence. The petitioner sought quashing of those orders and a mandamus directing her appointment. The High Court examined the residency claim, the merit‑based selection, and the statutory requirements, and found no illegality in the earlier orders. Consequently, the Court dismissed the writ application, leaving the appointment of respondent No.11 intact.
Issues considered
- Whether the appointment of respondent No.11 as Anganwadi Sevika is illegal on the ground of non‑residence in the poshak kshetra.
- Whether the selection based on higher matriculation marks justifies the appointment over the petitioner.
- Whether the petitioner is entitled to a mandamus directing her appointment.
- Whether the impugned orders dated 26‑09‑2017 and 16‑04‑2021 can be quashed.
Subjects
- Anganwadi Sevika appointment
- poshak kshetra residency
- Scheduled Caste reservation
- selection appeal
- writ petition
- mandamus
- quashing order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.835 of 2022
======================================================
Soni Kumari @ Shiyawanti Devi, Wife of Shivnath Rajwar, Resident of
Village-Tetariya, Ward No. 1, Under Gram Panchayat- Naur, Block-
Nabinagar, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social and Welfare
Department, Government of Bihar, Patna.
2. The Secretary, Social and Welfare Department, Government of Bihar, Patna.
3. The Director, Integrated Child Development Scheme, Indira Bhawan, West
Boring Canal Road, Patna.
4. The Divisional Commissioner, Magadh Division, Patna.
5. The District Magistrate cum Collector, Aurangabad.
6. The Additional Collector-cum-Additional District Magistrate, Aurangabad.
7. The District Programme Officer-cum-Integrated Child Development Officer,
Aurangabad.
8. The Sub-Divisional Officer, Nabinagar, Aurangabad.
9. The Block Development Officer, Nabinagar, Aurangabad.
10. The Child Development Project Officer, Nabinagar, District-Aurangabad.
11. Punam Kumari, Wife of Rajeshwar Ram, Resident of Village- Tetaeya, Ward
No.-2, Under Gram Panchayat- Naur, Block- Nabinagar, District-
Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Respondent/s : Dr. Md. Raisul Haque, SC-10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 24-03-2026
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
Patna High Court CWJC No.835 of 2022 dt.24-03-2026
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“i. For Issuance of appropriate Writ/s,
Order/s, Direction/s for quashing the impugned
order dated 16.04.20211 passed in Anganwadi
05/2020
Sevika Sahayika Selection Appeal No.
420/2019
ii. For issuance of appropriate Writ/s,
Order/s, Direction/s for quashing the impugned
order dated 03.10.2017 contain in Memo No. 1108
passed in Anganwadi Sevika/Sahayika Selection
Appeal No. 13/2016.
iii. For issuance of Writ/s, Order/s,
Direction/s in the nature of mandamus commanding
the respondents to immediately appoint the
petitioner on the post of Anganwadi Sevika, under
Gram Panchayat Naur, Ward No. 1, Block
Nabinagar, District Aurangabad, whereby and under
the petitioner applied for the post of Anganwadi
Sevika for Centre No. 35.
iv. For further prayer of the petitioner to
direct the concern respondent to cancel the
appointment of Respondent No. 11 because she
obtained the appointment in place of petitioner by
committing forgery and submitting wrong facts.
v. For further initiate an inquiry against
the appointment of Respondent No. 11 and imposed
a sufficient punishment for her illegal act.
vi. For further any other relief / reliefs,
order/orders, direction/directions, may deem fit and
proper in the facts and circumstances of this case.”
3. The case of the petitioner in brief is that the
respondents having come out with Advertisement no.8/2015
Patna High Court CWJC No.835 of 2022 dt.24-03-2026
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inviting applications for appointment on the post of Anganwadi
Sevika at Centre Code 35, village- Tatariya in Gram Panchayat-
Naur, the petitioner as also the respondent no.11 filed their
applications.
4. After the process of selection having been carried
out by the respondents, the petitioner came to be appointed
which appointment was challenged by the respondent no.11 by
filing an application before the District Programme Officer and
which came to be registered as Anganwadi Sevika Selection
Appeal Case no.13 of 2016.
5. By order dated 26.9.2017, the District Programme
Officer, Aurangabad was pleased to allow the said case and
directed for appointment of respondent no.11 as Anganwadi
Sevika.
6. The petitioner moved this Court by filing CWJC
no.22750 of 2019. This writ application was disposed of by
order dated 10.1.2020 directing the respondents to dispose of
the appeal filed by the petitioner being Case no.9 of 2017.
7. On the direction of this Court, the appeal preferred
by the petitioner being Anganwadi Sevika Selection Appeal
05/2020
Case no. was heard and the learned Additional
420/2019
Collector by his order dated 16.4.2021 was pleased to reject the
Patna High Court CWJC No.835 of 2022 dt.24-03-2026
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said appeal. It is against these two orders i.e. the order dated
26.9.2017 passed by the District Programme Officer as also the
order dated 16.4.2021 whereby the Additional Collector was
pleased to reject the appeal preferred by the petitioner that the
instant writ application has been filed.
8. Learned counsel for the petitioner submits that the
respondent authorities concerned have erred in passing the
orders impugned. It is submitted that while the petitioner is a
resident of the poshak kshetra, the respondent no.11 is not a
resident of the same and as such her application should have
been rejected on this ground alone. Learned counsel for the
petitioner further submits that the petitioner belongs to the caste
of Rajwar which comes under the Scheduled Caste category.
These factors not having been considered by the respondent
authorities, they have erred in passing the orders impugned
rejecting the prayer made by the petitioner.
9. The application is opposed by learned counsel
appearing for the respondents. It is submitted that both the
petitioner as also the respondent no.11 belong to the category of
Scheduled Caste. It is further submitted that the respondent
no.11 also belongs to the poshak kshetra for which the
appointment of Anganwadi Sevika is being made and the same
Patna High Court CWJC No.835 of 2022 dt.24-03-2026
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would be evident from the copy of the voter list of the year
2006, reference of which finds mention in the order dated
16.4.2021 of the Additional Collector. It is finally submitted that
the appointments are made as per the marks obtained in
matriculation and while the respondent no.11 is said to have
obtained 50.28 percent, the petitioner obtained 43.71 percent. In
these circumstances, the respondent no.11 was rightly appointed
and there is no merit in the instant writ application.
10. Heard learned counsel for the parties and perused
the material on record.
11. The relevant facts in brief are that pursuant to the
respondents having come out with Advertisement no.8/2015 for
appointment of Anganwadi Sevika at Centre Code 35, village-
Tetariya under ward no.1 of Gram Panchayat- Naur, both the
petitioner and respondent no.11 were applicants. It is not in
contention that both the petitioner as also the respondent no.11
belong to the category of Scheduled Caste. While the
respondent no.11 had obtained 50.28 percent in the
matriculation examination, so far as the petitioner is concerned
she had obtained 43.71 percent.
12. So far as the contention of the petitioner that
respondent no.11 is not a resident of the poshak kshetra is
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concerned, it may be observed here that the respondent no.11 in
course of the matter being heard by the Additional Collector
submitted the voter list of both the years 2006 as also the year
2016. The learned Additional Collector referring to the voter list
of the year 2006 mentions that while the name of Punam
Kumari (respondent no.11) figures at serial no.278 of the list,
the name of her husband figures at serial no.279. Taking these
factors into consideration, the Additional Collector by the order
impugned dated 16.4.2021 rejected the appeal preferred by the
petitioner and upheld the order of the District Programme
Officer, Aurangabad appointing the respondent no.11 as
Anganwadi Sevika.
13. In view of the facts and circumstances of the case,
the Court finds no illegality either in the order dated 26.9.2017
of the District Programme Officer, Aurangabad nor in the order
dated 16.4.2021 of the Additional Collector, Aurangabad.
14. The application is dismissed.
(Partha Sarthy, J)
avinash/-
AFR/NAFR
CAV DATE
Uploading Date 26.03.2026
Transmission Date
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