Mamta Devi @ Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5713 of 2026 ====================================================== Mamta Devi @ Mamta Kumari W/o Ram Ashish Paswan, Resident of Village- Thika Kouta, P.O.- Belhawar, P.S.- Rajnagar, Dist- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The Directorate of Integrated Services of Child Development, Social Welfare Department, Bihar, Patna.

3.

The Collector-cum-District Magistrate, Madhubani. 4.

The District Programme Officer, Madhubani.

5.

The Child Development Project Officer, Rajnagar, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2026 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 contained in Memo No. 314 dated 16.02.2023 passed by the District Programme Officer, Madhubani.

3. Learned counsel for the petitioner submits that an identical complaint had earlier been filed in the year 2022, which was rejected by the District Programme Officer, and no

Patna High Court CWJC No.5713 of 2026(2) dt.18-04-2026 2/3 appeal was preferred against the same. However, the District Programme Officer again entertained a similar complaint and, for the second time, decided the matter against the petitioner. It is further submitted that on 09.05.2024, the petitioner filed an application for reconsideration of the case, but no action has been taken by the District Programme Officer, compelling the petitioner to approach this Hon'ble Court.

4. Learned counsel for the State has raised a preliminary objection, submitting that the order passed by the District Programme Officer is an appealable order under the Guidelines for Appointment of Anganwari Sevika/Sahayika. It is contended that the petitioner, without availing the statutory remedy of appeal, has directly approached this Hon'ble Court.

5. In view of the submissions made, and considering that the Guidelines governing the appointment process provide for a statutory remedy of appeal 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 competent authority by filing an appeal within 30 days from today. It is made clear that any delay in filing the appeal shall stand condoned, provided the same is filed within

Patna High Court CWJC No.5713 of 2026(2) dt.18-04-2026 3/3 the said period of 30 days. The authority concerned is directed to pass a reasoned and speaking order on the appeal, if filed, within a period of 90 days from the date of completion of appearance of all concerned parties.

(Dr. Anshuman, J) Ashwini/- U