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Patna High Court

Soni Kumari @ Shiyawanti DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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
             Patna High Court CWJC No.835 of 2022 dt.24-03-2026
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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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