Patna High Court
Lakshmi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The order cancelling the selection is appealable, so the writ petition is dismissed.
Summary
Lakshmi Devi, who had been selected as Anganwadi Sahayika at Sahayika Centre No.100 in Dalsing Sarai, challenged the cancellation of her appointment dated 10-02-2025 by filing a writ petition seeking to set aside the order and to compel her appointment. The State raised a preliminary objection that the order is appealable, not subject to writ jurisdiction. The High Court held that the order of the District Programme Officer, ICDS, is indeed appealable under the applicable service rules, and therefore the writ petition cannot be entertained on its merits. Consequently, the petition was disposed, granting the petitioner liberty to file an appeal within 30 days, with any delay condoned, and directing that any other aggrieved persons be given notice before a final order is passed within 90 days of such notice.
Issues considered
- Whether the order cancelling the petitioner’s selection as Anganwadi Sahayika is appealable and thus outside the jurisdiction of a writ petition.
- Whether the writ petition seeking mandamus for appointment is maintainable.
Subjects
- writ jurisdiction
- appointment
- Anganwadi
- ICDS
- appeal
- mandamus
- selection cancellation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9077 of 2025
======================================================
Lakshmi Devi Wife of Ganga Prasad Sah, Resident of Village- Ajnoul Dih,
P.S- Dalsing Sarai, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Secretary Integrated Child Development Service (I.C.D.S.) Bihar,
Patna.
3. The Commissioner, Darbhanga Division, Darbhanga.
4. The District Magistrate cum Collector, Samastipur.
5. The District Programme Officer, I.C.D.S. Samastipur.
6. The Child Development Project Officer, Dalsing Sarai, District- Samastipur.
7. The Block Development Officer, Dalsing Sarai, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate
For the Respondent/s : Mr. Government Pleader (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“(a) For issuance of appropriate
writ, order or direction to set aside the order
dated 10.02.2025 passed by District
Programme Officer, I.C.D.S. Samastipur
whereby the selection/appointment of the
petitioner on the post of Anganwadi
Sahayika at Sahayika Centre no.100 Dalsing
Patna High Court CWJC No.9077 of 2025(2) dt.05-05-2026
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Sarai was cancelled and directed the Child
Development Project Officer, Dalsing Sarai
to ensure the completion of selection process
for the post of Sahayika at the said Sahayika
Centre No.100.
(b) For issuance of writ in the
nature of mandamus directing the
Respondents to select/appoint the petitioner
at Sahayika Centre No.100, Dalsing Sarai.
(c) For issuance of any other
appropriate writ, order or direction which
your Lordships may deem fit and proper in
the facts and circumstances of the case.”
3. Learned counsel for the State raises a preliminary
objection and submits that the order under challenge is
appealable.
4. As such, the present writ petition stands disposed
of, granting liberty to the petitioner to challenge the said order
before the Appellate Authority within 30 days from today.
5. It is made clear that the delay, if any, in filing the
appeal is hereby condoned if filed within 30 days.
6. It is further made clear that if any other person is
also aggrieved by the said order, then such person shall also be
noticed, and only thereafter shall a final order be passed within
90 days from the date of production of the order.
Patna High Court CWJC No.9077 of 2025(2) dt.05-05-2026
3/3
7. It is also made clear that the said 90 days shall be
counted from the date of appearance of all concerned.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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