Patna High Court

Sangita KumariversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The writ petition is not maintainable as the order of the D.P.O. is appealable only before the Divisional Commissioner.

Summary

The petitioner, Sangita Kumari, challenged the cancellation of her selection as Anganbari Sevika by the District Programme Officer (D.P.O.) of Muzaffarpur, seeking to set aside the order dated 26-08-2023. The State argued that under the Anganbari Sevika & Sahayika Selection Guidelines, 2019, the D.P.O.'s order is appealable only to the Divisional Commissioner, not to the High Court. The Court examined Rule 12 of the Guidelines and concluded that the petition was not maintainable as a writ because the proper remedy is an appeal/revision before the Divisional Commissioner. Consequently, the writ petition was dismissed, with liberty granted to the petitioner to file the appropriate appeal within 30 days, and any delay in filing was directed to be condoned.

Issues considered

Whether the writ petition challenging the D.P.O.'s cancellation of selection is maintainable before the High Court
Whether the Anganbari Sevika & Sahayika Selection Guidelines, 2019, prescribe that the D.P.O.'s order is appealable only to the Divisional Commissioner

Subjects

writ jurisdiction
administrative law
Anganbari Sevika selection
maintainability
appeal to Divisional Commissioner
revision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8687 of 2024
                 ======================================================
                 Sangita Kumari Wife of Shri Dharmendra Kumar, Resident of village-
                 Punarwara, Ward No.- 4, Mini Aangan Bari Centre of Gram Panchayat
                 Narkatiya, Block- Bocheha, District- Muzaffarpur.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Principal Secretary, Social Welfare, Govt. of
                  Bihar.
           2.    District Program Officer, Muzaffarpur.
           3.    C.D.P.O. Bocheha, Distt.- Muzaffarpur.
           4.     Chandani Kumari, Wife of Shri Suresh Paswan, Resident of Village-
                  Punarwara, Ward No.- 04, Mini Aangan Bari Centre 197 of Gram Panchayat
                  Narkatiya, Block- Bocheha, District- Muzaffarpur.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms. Aastha Prakash, Advocate
                                               Ms. Kanupriya, Advocate
                 For the Respondent/s   :      Mr. Sudama Kumar (AC to SC-12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for setting aside the order

                   dated 26.08.2023 passed by the District Programme Officer,

                   Muzaffarpur in Anganbari Case/Appeal No. 56 of 2021 (2023)

                   (Annexure-1), whereby and whereunder, he has cancelled the

                   selection of the petitioner for the post of Anganbari Sevika.

                                 3. Learned counsel for the State raised a preliminary

                   objection and submits that from the pleadings, it become crystal

                   clear that the relevant rule applicable for the petitioner in the

                   present case is Anganbari Sevika & Sahayika Selection
             Patna High Court CWJC No.8687 of 2024(2) dt.05-02-2026
                                                         2/2




                       Guidelines, 2019, according to which, the order of the D.P.O is

                       appealable before the Divisional Commissioner.

                                   4. In the light of the submissions made and upon

                       perusal of the Rule 12 of the Anganbari Sevika & Sahayika

                       Selection Guidelines, 2019, it transpires that the order passed by

                       the D.P.O is further appealable/revisional before the Divisional

                       Commissioner. But, in the present case, the order of D.P.O.,

                       Muzaffarpur has been challenged before this Hon’ble Court and

                       according to the said rule, the present writ petition is not

                       maintainable.

                                   5. As such, the present writ petition stands disposed

                       off, granting liberty to the petitioner to avail her remedy of

                       appeal/revision before the Divisional Commissioner within a

                       period of 30 days from today. Delay if any, in filing the

                       application, is hereby directed to be condoned.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U

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