Brijnandan Mahto @ Bhuleten v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.259 of 2025 In Civil Writ Jurisdiction Case No.2683 of 2025 ====================================================== Kaminee Kumari Wife of Chandu Kumar, Resident of Village and P.O.- Darsur Tole Math, Ward No.02, P.S.- Warishnagar, District- Samastipur. ... ... Appellant/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Collector-cum-District Magistrate, Samastipur. 3.
The District Programme Officer, Samastipur.
4.
The Child Development Project Officer, Warishnagar, District- Samastipur. 5.
Sangeeta Kumari Wife of Mithilesh Paswan, Resident of Village and P.O.- Darsur Tole Math, P.S.- Warishnagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Alok Kr. Choudhary, Sr. Adv.
Mr. Surya Narayan Roy, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Kulanand Jha, Adv.
For the State :
Mr. Government Advocate (7) Mr. Abhinav Ashok, AC to GA-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-01-2026 The Letters Patent Appeal has been filed by the
2/4 appellant-Kaminee Kumari challenging the order dated 15.02.2025 passed by the learned Single Judge in Civil Writ Jurisdiction Case No. 2683 of 2025.
2. The appellant filed the said writ petition with a direction to set aside the order dated 03.01.2025 passed by the Collector-cum-District Magistrate, Samastipur in Anganwari Appeal No. 08 of 2024 and order dated 11.01.2024 passed by the District Programme Officer, Samstipur in Anganwari Case No. 254 of 2018, whereby the claim of the appellant for her appointment has been rejected.
3. The main ground that has been taken before the learned Single Judge while challenging the appointment of Respondent No. 5 (Sangeeta Kumari) was that she got selected on the post of Anganwari Sevika on the basis of forged and fabricated certificate and the authorities have not verified the genuineness and truthfulness of the same. However, the Court found that the documents produced by the Respondent No. 5 were duly verified from the issuing authority i.e. N.I.O.S. (National Institute of Open Schooling), and the issuing authority has categorically certified that both the documents which are issued are correct and genuine documents and accordingly the report was submitted by the issuing authority, therefore, the
3/4 learned Single Judge has been pleased to hold that nothing has been pointed out by the petitioner to show that the documents submitted by the Respondent No. 5 were forged documents.
4. In this Letters Patent Appeal, a counter-affidavit has been filed by the Respondent Nos. 2 to 4 wherein in paragraph no. 9, it is stated as follows:- "That in the meantime certificates of the selected Sevika, Sangita Kumari were sent for Verification to the Director, N.I.O.S, Patna and consequently to the Director, NIOS, NOIDA and accordingly, verification letters were sent to the CDPO, Warisnagar and it was found that the certificates of Sangeeta Kumari (Respondent No.5) were correct and the CDPO, Warisnagar sent the said verification reports to the DPO, ICDS, Samastipur for necessary action."
5. In view of such specific stand taken, we are of the view that the submission which was advanced by the learned counsel for the appellant before the learned Single Judge that the Respondent No. 5 produced forged and fabricated certificate and, therefore, she should not have been selected for the post of Anganwari Sevika without any basis.
6. In view of the limited scope of interference in the Letters Patent Appeal, since we find no perversity or illegality in the impugned order, we are not inclined to interfere with the same.
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7. Accordingly, the Letters Patent Appeal stands dismissed.
8. Pending I.A., if any, stands disposed of.
(Sangam Kumar Sahoo, CJ) (Ritesh Kumar, J) Ranjan-guddu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2026 Transmission Date NA