Radha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10711 of 2016 ====================================================== Radha Kumari Wife of Ram Awatar Ram resident of Village - Balha South, P.S. Raj Nagar, District Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Director Social Welfare Department, Govt. of Bihar, Patna. 3.

The Deputy Director Welfare, Madhubani.

4.

The Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Madhubani.

6.

The District Programme Officer, Madhubani.

7.

The Sub-Divisional Officer, Sadar Madhubani.

8.

The Block Development Officer, Raj Nagar, Madhubani. 9.

The Child Development Project Officer, Raj Nagar, Madhubani. 10.

The Mukhiya Gram Panchayat Raj Karhiya, P.S. Raj Nagar, District Madhubani.

11.

Radha Devi wife of Lalan Kumar Jha resident of Village - Balha South, P.S. Raj Nagar, District Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Respondent/s :

Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-07-2025 Learned counsel for the petitioner and learned counsel for the State are present.

2. The present writ petition has been filed seeking quashing of the order dated 19.12.2015 passed in Anganwadi Sevika Selection Appeal No. 04/2015 by the Child Development Project Officer, Raj Nagar, District-Madhubani (Annexure-6).

Patna High Court CWJC No.10711 of 2016 dt.15-07-2025 2/3 The petitioner further prays for cancellation of the appointment of Radha Devi, who has allegedly been wrongly selected for the post of Anganwadi Sevika, and for a consequential direction to appoint the petitioner on the said post.

3. Learned counsel for the State submits that the present matter pertains to the appointment of Aganwari Sevika/Sahayika for the year 2015, which is governed by the Guidelines for Appointment of Aganwari Sevika/Sahayika, 2011. It is further submitted that, as per the said Guidelines, a revision against the impugned order lies before the Divisional Commissioner.

4. Accordingly, the order passed by the District Programme Officer cannot be directly challenged before this Court under writ jurisdiction.

5. In view of the submissions made, and considering that the Guidelines governing the appointment process provide for a statutory remedy of revision before the competent authority, this writ petition is disposed of without entering into the merits of the case.

6. However, the petitioner is granted liberty to approach the Divisional Commissioner concerned by filing a revision petition within 30 days from today. It is made clear that

Patna High Court CWJC No.10711 of 2016 dt.15-07-2025 3/3 any delay in filing the revision petition shall stand condoned, provided the same is filed within the said 30-day period.

7. The Divisional Commissioner is directed to pass a reasoned and speaking order on the revision petition, if filed, within 90 days from the date of completion of appearance of all concerned parties.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 17/07/2025 Transmission Date NA