Patna High Court
Kumari Jayanti SinhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner was ineligible due to the earlier certificate and DOB discrepancy, and the precedent precludes reliance on the second certificate, so the writ petition lacks merit.
Summary
The petitioner, Kumari Jayanti Sinha, filed a writ petition seeking to quash orders that cancelled her selection as Anganwadi Sevika and appointed another candidate in her place. She argued that she was duly selected, had the requisite qualifications under the 2016 appointment guidelines, and that the cancellation was based solely on her earlier matriculation certificate from the Bihar School Education Board, which she claimed she never used. The State contended that the petitioner possessed two certificates for the same qualification, and under the precedent of C.W.J.C. No. 13190 of 2009 the first certificate must be considered, rendering the second certificate invalid for appointment purposes. The court examined the discrepancy in the petitioner’s date of birth as reflected in her Aadhaar and voter ID, and noted the Collector’s finding on this issue. Relying on the earlier judgment, the court concluded that the petitioner was ineligible and that the writ petition had no merit, leading to its dismissal.
Issues considered
- Whether the petitioner’s appointment as Anganwadi Sevika can be set aside on the ground of possessing two matriculation certificates and a discrepancy in date of birth.
- Whether the 2016 guidelines for appointment of Anganwadi Sevika & Sahayika were violated by the petitioner’s selection.
- Whether the precedent in C.W.J.C. No. 13190 of 2009 bars the use of a second certificate for appointment purposes.
- Whether the writ petition is maintainable in view of the administrative findings.
Subjects
- Anganwadi Sevika appointment
- certificate discrepancy
- date of birth discrepancy
- writ petition
- administrative law
- eligibility criteria
- precedent application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9583 of 2024
======================================================
Kumari Jayanti Sinha Wife of Late Binay Kumar, resident of Village- Kesho
Chak, P.S.- Masaurhi, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Bihar Patna.
2. The Director of Isolated Child Development Services, (ICDS), Social
Welfare Department Bihar, Patna.
3. The Sub- Divisional Commissioner, Patna.
4. The Collector and District Magistrate, Patna.
5. The District Program Officer, Social Welfare Department, Patna.
6. The Child Development Program Officer (C.D.P.O.), Masaurhi, Patna.
7. The Female Supervisor, Masaurhi, Social Welfare Department, Bihar Patna.
8. Seema Kumari, Wife of Ankit Kumar @ Kabindra Kumar, Resident of
Village- Vhadaura Malikana, P.S.- Masaurhi, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Respondent/s : Mr. Government Advocate 9
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 24-02-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for
quashing of the order dated 14.06.2023 passed by the Collector
cum District Magistrate, Patna in Anganwadi Appeal Case No.
10/2019-20 (Annexure-6), as well as for quashing of the order
dated 28.08.2019 passed by the District Programme Officer,
Patna High Court CWJC No.9583 of 2024 dt.24-02-2026
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Patna in Anganwadi Appeal Case No. 56/2017 (Annexure-5).
Further prayer has been made for quashing of the selection of
respondent no.8 who has been selected/appointed on the post of
Sevika at Centre No. 233, Ward No. 9, Gram Panchayat-
Vhadaura, Block- Masaurhi, District- Patna in pursuant to order
dated 28.08.2019 passed in Anganwadi Appeal Case No.
56/2017. Further prayer has been made for directing the
respondents to issue selection/appointment letter in favour of the
petitioner and allow her to join on the post of Sevika at Centre
No. 233, Ward No. 9, Gram Panchayat- Vhadaura, Block-
Masaurhi, District- Patna in place of respondent no.8.
3. Learned counsel for the petitioner submits that
the petitioner has appeared in the selection process of
Anganwadi Sevika and Sahayika and following the due process,
she was selected on 13.10.2017 for the post of Sevika and
thereafter, joined on 15.10.2017 and regularly discharging her
duty. In the meantime, the petitioner also participated in the Job
Course Training and in this regard, on 15.02.2018, the petitioner
granted a certificate from Rural Female Development Welfare
Institute through Anganwadi Training Centre, Ramchandarpur,
Biharsharif, Nalanda. Counsel further submits that after joining
of the petitioner, a complaint was filed against the petitioner
Patna High Court CWJC No.9583 of 2024 dt.24-02-2026
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which was entertained by the D.P.O bearing Anganwadi Appeal
Case No. 56/2017. After hearing both the parties, the D.P.O has
allowed the said Anganwadi Appeal Case No. 56/2017 in favour
of the respondent no.8 by cancelling the selection of the
petitioner, and at her place, the respondent no.8 was directed to
be joined. Counsel further submits that being aggrieved and
dissatisfied with the order dated 28.08.2019 passed by the D.P.O
in Anganwadi Appeal Case No. 56/2017, the petitioner has
preferred appeal before the Collector cum District Magistrate,
Patna bearing Anganwadi Appeal Case No. 10/2019-20 which
was also rejected vide order dated 14.06.2023.
4. Learned counsel for the petitioner further
submits that the petitioner has passed matriculation examination
from the Bihar Sanskrit Education Board, Patna in the year
2014. The examination was commenced on 29.03.2014 and the
result was published on 26.09.2014, in which the petitioner had
obtained 83.71% marks. Accordingly, on 14.02.2015, the
petitioner obtained school leaving certificate from S.K. Sanskrit
Primary cum Middle School, Vishunpur, Jehanabad. Counsel
submits that the appointment of the petitioner taken place in the
light of the guidelines of 2016 for appointment of Anganwadi
Sevika & Sahayika. Counsel submits that her appointment is
Patna High Court CWJC No.9583 of 2024 dt.24-02-2026
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absolutely in accordance with guidelines and there is no
violation of any guidelines for her appointment. This aspect has
neither been considered by the D.P.O nor by the District
Magistrate, and the petitioner has been removed from the post
only due to the reason that she has earlier appeared in the
examination of matriculation from Bihar School Education
Examination Board. Counsel submits that the petitioner has
never used the said certificate of Bihar School Education
Examination Board and she has used only one certificate i.e.
certificate of Bihar Sanskrit Education Board, Patna. Counsel
submits that since, the petitioner has not violated the guidelines
of 2016 for appointment of Anganwadi Sevika & Sahayika,
therefore, the orders passed by the D.P.O and the District
Magistrate are absolutely illegal. He further submits that at the
time of rejection of petitioner’s claim, the shelter of order
passed in C.W.J.C. No. 13190 of 2009 has been taken care of by
the Collector. Counsel submits that the facts and circumstances
of the said case is absolutely different from that of present case.
It is due to this reason, he submits that notice be issued upon
respondent no.8 and upon hearing the respondent no.8, this writ
petition be allowed in favour of the petitioner.
5. Learned counsel for the State, on the other hand,
Patna High Court CWJC No.9583 of 2024 dt.24-02-2026
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submits that this writ application of the petitioner is not
maintainable, as there is complete suppression. Counsel submits
that admitted position is that the petitioner had obtained two
certificates i.e. firstly, from the Bihar School Education
Examination Board in the year 1994 and secondly, from the
Bihar Sanskrit Education Board, Patna in the year 2014.
Counsel submits that the petitioner has appeared second time
only with a view to improve her result/marks. He further
submits that in the judgment of C.W.J.C. No. 13190 of 2009
(Amarjeet Singh Rathaur Vs. The State of Bihar & Ors.) which
the petitioner herself attached in the writ petition as Annexure-8,
it has been indicated that whenever there are two certificates
obtained on same degree, the first certificate shall be taken into
consideration and the second certificate shall not be used for any
other purpose/service.
6. Upon hearing the parties and after going through
the records, it transpires to this Court that specific allegation
against the petitioner due to which her matter has been rejected
by the D.P.O as well as by the District Magistrate is that she has
earlier obtained certificate of matriculation in the year 1994
from the Bihar School Education Examination Board and
subsequently, in the year 2014, she has appeared in the
Patna High Court CWJC No.9583 of 2024 dt.24-02-2026
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examination of Bihar Sanskrit Education Board, Patna. And, it
has come in the record that the discrepancy has been found in
the date of birth recorded in the attached Aadhar Card and Voter
id card. In this regard, there is a specific finding of the Collector
in his order.
7. Upon perusal of the C.W.J.C. No. 13190 of 2009,
it transpires that this Court annulled the second certificate
stating that the second certificate shall not be permissible for the
petitioner to use the same for any purpose including the
appointment as a Panchayat Teacher.
8. In this background, this Court finds that there is
no merit in this writ petition. Hence, this writ petition stands
dismissed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 25/02/2026
Transmission Date NA
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