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Patna High CourtCWJC/7292/2025disposed

Savita Kumari v. The State Of Bihar

2026-03-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7292 of 2025 ====================================================== Savita Kumari Wife of Sri Pramod Kumar, Resident of Village- Chand Kauri, Police Station- Dewaria, Anchal- Paru, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Muzaffarpur. 2.

The Commissioner, Tirhut Pramandal, Muzaffarpur. 3.

The District Programme Officer, Muzaffarpur.

4.

The Child Development Project Officer, Paru, District Muzaffarpur. 5.

Neha Kumari wife of Ashok Kumar Ray, Resident of Village- Chand Kewari, Ward No. 8, Police Station- Dewaria, Anchal-Paru, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shamimul Hoda, Adv.

For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-03-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:- (i) For direction/directions to the respondent to pass appropriate order in accordance of law upon the representation of the petitioner dated 03.01.2025 against the ex-parte illegal order dated 25.11.2024 passed by District Programme Officer, Muzaffarpur.

(ii) For direction/directions, order/orders to the Respondent No.2 to pass appropriate order in accordance of law upon the

Patna High Court CWJC No.7292 of 2025(2) dt.31-03-2026 2/3 representation/appeal of the petitioner dated 30.12.2024 submitted against the illegal ex-parte order dated 25.11.2024 passed in Appeal No.02/2023 by District Program Officer, Muzaffarpur and reinstate the petitioner.

(iii) For quashing/set aside the illegal and ex-parte order dated 25.11.2024 passed in Appeal Case No. 02/2023 by which the selection of the petitioner for the post of Aangawari Sahayika has been set aside and further pleased to stay the operation of said order.

3. Learned counsel for the State, on the other hand, submits that the petitioner has challenged the order passed by the District Programme Officer without challenging the appeal.

4. Counsel for the petitioner submits that he has preferred a representation/appeal before the District Magistrate as well as Commissioner.

5. After hearing the parties, it transpires to this Court that the present case is covered under Margdarshika Rule of Anganwari Sevika or Sahayika, 2016 and the District Magistrate is the appellate authority according to the rule of 2016.

6. In this view of the matter, the present writ petition is hereby disposed off directing the petitioner to file an appeal before the District Magistrate in proper performa afresh within 30 days from the date of production of this order and the District

Patna High Court CWJC No.7292 of 2025(2) dt.31-03-2026 3/3 Magistrate, Muzaffarpur (respondent No.1) shall entertain the appeal of the petitioner and pass a reasoned and speaking order within 90 days thereafter.

7. Delay, if any, in filing the appeal, is hereby directed to be condoned.

8. The counting of the date shall be made after appearance of all concerned parties (if any person who has been selected subsequently).

9. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J) Prakashmani/- U