Shabanam Kumari @ Shabnam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1193 of 2026 ====================================================== Shabanam Kumari @ Shabnam Kumari W/o- Tejbal Singh, resident of Village- Kudra Ward No. 06 (New Ward No. 10 of Nagar Panchayat- Kudra) Old Panchayat- Jahanabad, P.O. and P.S.- Kudra, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.

2.

The Director, Directorate of Integrated Child Development Services (I.C.D.S.) Second Floor, Indira Bhawan, Patna, Bihar, Pin- 800001. 3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate, District- Kaimur.

5.

The District Program Officer (ICDS), District- Kaimur. 6.

The Child Development Project Officer, Kudra, District- Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Garg, Advocate For the Respondent/s :

Mr. Standing Counsel (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 03-02-2026 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed by the petitioner with the following reliefs:

"(i). For issuance of an appropriate writ/writs, order\orders, direction/directions in the nature of certiorari for quashing the order dated 02.08.2025 passed by Learned Divisional Commissioner, Patna Division, Patna in

2/5 ICDS No. 226 of 2024 whereby he dismissed the case filed by petitioner and others.

(ii). For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 11.07.2020 passed by Learned District Programme Officer (ICDS), Kaimur at Bhabua, whereby he cancelled the selection of the petitioner on the post of Aganbari Sevika, Aganbari Centre No.

186, Gram panchayat- Jahanabad, Ward No.6 (Now New ward No. 10 of Nagar Panchayat-Kudra) in Block-Kudra, district- Kaimur at Bhabua without giving opportunity of hearing to the petitioner.

(iii). For issuance of an appropriate writ, order or direction in the nature of mandamus directing the respondent authorities to make appointment of the petitioner in the Aganbari Centre for the post of Aganbari Sevika forthwith because the respondent authorities have already issued the appointment letter in favour of petitioner for her respective posts after completing the entire selection process in BlockKudra, district- Kaimur.

3/5 (iv). For grant of any relief(s) the petitioner would be found entitled to in the facts and circumstances of the case."

3. Learned Counsel for the petitioner fairly submits that prior to the said order, nine persons moved before this Hon'ble Court in CWJC No.9934 of 2020 in which vide order dated 01.08.2024 this Court had directed to the petitioner to prefer appeal, according to the Anganbari Sevika and Sahayika Selection Guidelines, before the appellate authority and the appellate authority was directed to pass a reasoned and speaking order within 90 days. In result thereof, the order was passed on 02.08.2025 which is before this Court as impugned under Annexure-P/9.

4. Learned Counsel in support of his argument submits that by the said order it has been indicated that there were nine Anganwari Centres for which there was no sanction even then appointment had taken place. Counsel submits that petitioners cannot be held responsible for the said advertisement. If any wrong has been done, it has been taken place at the level of officials. He further submits that there were ten persons. For one person writ petition is still pending in which counter affidavit has been called for, namely, CWJC

4/5 No.18787 of 2025 but for nine persons they have moved another writ petition, namely, CWJC No.9934 of 2020 in which this Court has directed to prefer appeal before the appellate authority and appellate authority had passed order. He submits that the petitioner is absolutely not at fault and, therefore, the wrong which has been done at the level of the respondent authorities, the petitioner may not be punished.

5. Learned Counsel for the State, on the other hand, submits that in the present writ petition the matter relating to appoint of Anganbari Sevika and Sahayika on ten centres, for which there was either no sanction or the said post was not directed to be published, but at the level of C.D.P.O. the appointment was done. In the order sheet, it has been categorically stated by the Commissioner that those persons who are responsible for such type of appointment, order has been passed for taking action against them.

6. In the light of the submissions, this Court is of the firm view that the Commissioner, Patna Division has categorically taken the stand that appointment of such persons including the present nine has been done on the post which were not sanctioned by the government.

7. In this view of the matter, this Court has no

5/5 option but to dismiss the present writ petition. Accordingly, the writ petition stands dismissed.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2026 Transmission Date