Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8687 of 2024 ====================================================== Sangita Kumari Wife of Shri Dharmendra Kumar, Resident of villagePunarwara, Ward No.- 4, Mini Aangan Bari Centre of Gram Panchayat Narkatiya, Block- Bocheha, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare, Govt. of Bihar.

2.

District Program Officer, Muzaffarpur.

3.

C.D.P.O. Bocheha, Distt.- Muzaffarpur.

4.

Chandani Kumari, Wife of Shri Suresh Paswan, Resident of VillagePunarwara, Ward No.- 04, Mini Aangan Bari Centre 197 of Gram Panchayat Narkatiya, Block- Bocheha, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Aastha Prakash, Advocate Ms. Kanupriya, Advocate For the Respondent/s :

Mr. Sudama Kumar (AC to SC-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed for setting aside the order dated 26.08.2023 passed by the District Programme Officer, Muzaffarpur in Anganbari Case/Appeal No. 56 of 2021 (2023) (Annexure-1), whereby and whereunder, he has cancelled the selection of the petitioner for the post of Anganbari Sevika.

3. Learned counsel for the State raised a preliminary objection and submits that from the pleadings, it become crystal clear that the relevant rule applicable for the petitioner in the present case is Anganbari Sevika & Sahayika Selection

Patna High Court CWJC No.8687 of 2024(2) dt.05-02-2026 2/2 Guidelines, 2019, according to which, the order of the D.P.O is appealable before the Divisional Commissioner.

4. In the light of the submissions made and upon perusal of the Rule 12 of the Anganbari Sevika & Sahayika Selection Guidelines, 2019, it transpires that the order passed by the D.P.O is further appealable/revisional before the Divisional Commissioner. But, in the present case, the order of D.P.O., Muzaffarpur has been challenged before this Hon'ble Court and according to the said rule, the present writ petition is not maintainable.

5. As such, the present writ petition stands disposed off, granting liberty to the petitioner to avail her remedy of appeal/revision before the Divisional Commissioner within a period of 30 days from today. Delay if any, in filing the application, is hereby directed to be condoned. (Dr. Anshuman, J) Divyansh/- U