Patna High Court

Anju KumariversusThe State of Bihar

Decided: 18 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court declined to issue a mandamus and instead directed the District Programme Officer to decide the petitioner’s representation within 60 days.

Summary

Anju Kumari was selected for the post of Anganbadi Sahayika at Anganbadi Centre No. 152 and received an appointment letter dated 24‑03‑2021, but she was never allowed to join. She filed a writ petition seeking a mandamus directing the respondents, including the District Programme Officer (DPO) of Sitamarhi, to accept her joining. The State argued that she neither accepted the appointment nor communicated a refusal for three and a half years, and that the vacancy had been reported to headquarters. The Court noted that the petitioner had submitted a representation on 04‑02‑2025 to the DPO, which remained unanswered. Without deciding on the merits, the Court directed the DPO to decide the representation within 60 days of the order and disposed of the petition.

Issues considered

What is the appropriate remedy when a government officer fails to act on a representation regarding an appointment?
Whether a writ of mandamus can be issued to compel the acceptance of the petitioner’s joining as Anganbadi Sahayika.

Subjects

Anganwadi
mandamus
appointment
representation
District Programme Officer
public service recruitment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9198 of 2025
                 ======================================================
                 Anju Kumari W/o Kanchan Kumar, R/o Village and P.O. - Gaura, Ward no.
                 -2, Block and P.S. - Nanpur, Dist. - Sitamarhi

                                                                              ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary Social Welfare
                 Department, Patna.
           2.    The Director Integrated Child Development Services (ICDS), Social Welfare
                 Department, Govt. of Bihar, Patna.
           3.    The District Officer, Sitamarhi.
           4.    The District Programme Officer, Sitamarhi.
           5.    The Child Development Project Officer (CDPO), Block and P.S.-Nanpur,
                 Dist.-Sitamarhi.
           6.    Woman Supervisor, Gaura Panchayat, P.S.-Nanpur, Dist.-Sitamarhi.
           7.    The Mukhia, Gaura Panchayat, P.S.-Nanpur, Dist.-Sitamarhi.
           8.    Panchayat Secretary-Cum-Member Secretary Gaura Panchayat, P.S.-Nanpur,
                 Dist.-Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Santosh Kumar, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (17)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-04-2026                 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 issuance of writ of

                   mandamus directing the respondents to accept the joining of the

                   petitioner on the post of Anganbari Sahayika at Anganbari

                   Centre No. 152, in Village & P.O.- Gaura, under Gaura-

                   Panchayat Ward no. 2, Block & P.S.- Nanpur, District-
Patna High Court CWJC No.9198 of 2025(2) dt.18-04-2026
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          Sitamarhi. Counsel submits that the petitioner has been selected

          and appointment letter has been issued to the petitioner vide

          appointment letter dated 24.03.2021, but joining has not been

          accepted.

                      3. Learned counsel for the State, on the other hand,

          submits that upon perusal of the letter issued by the C.D.P.O,

          Nanpur, Sitamarhi to the D.P.O., Sitamarhi dated 27.02.2025

          (Annexure-R/A to the counter affidavit), it appears that the

          petitioner upon service of appointment letter on 15.09.2022 has

          not either accepted the joining for three and a half years nor any

          letter for non-joining has been made. And for the said Anganbari

          Centre No. 152, the information with regard to the vacancy has

          been communicated to the headquarter.

                      4. This Court upon hearing the parties finds that the

          petitioner has prayed for issuance of writ of mandamus and has

          filed representation dated 04.02.2025 before the D.P.O.,

          Sitamarhi vide Annexure-P/5, on which, no decision has been

          taken by the D.P.O., Sitamarhi.

                      5. In this view of the matter, this Court restrain itself

          from passing any order on merit or demerit, but only directs the

          D.P.O., Sitamarhi (Respondent no.4) to take a decision in

          accordance with law on the petitioner’s representation dated
             Patna High Court CWJC No.9198 of 2025(2) dt.18-04-2026
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                       04.02.2025 which is annexed as Annexure-P/5, within 60 days

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

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U

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