Indu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10208 of 2025 ====================================================== Indu Kumari Wife of Ashok Malik, Resident of village- Mahadalit Basti, Areraj (Ward No.- 10), P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Scheduled Castes and Scheduled Tribes Welfare Department, Bihar, Patna.

2.

Secretary, Scheduled Castes and Scheduled Tribes Welfare Department, Bihar, Patna.

3.

District Magistrate, East Champaran at Motihari. 4.

District Welfare Officer, East Champaran at Motihari. 5.

Sub Divisional Officer, Areraj, (East Champaran). 6.

Block Development Officer, Areraj, (East Champaran). 7.

Block Welfare Officer, Areraj, (East Champaran). 8.

Krishna Kumar Malik, Son of Ravindra Malik, Resident of village- Areraj, P.O.- Areraj, District- East Champaran.

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

For the Petitioner/s :

Mr.Harshvardhan Shivsundaram, Advocate For the Respondent/s :

Mr.Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-04-2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. The present writ petition has been filed for the following relief/s :- "To issue appropriate direction, order or writ in the nature of Certiorari quashing the selection letter dated 24.02.2025 issued by the Sub Divisional Officer, Areraj (East Champaran) by which

Patna High Court CWJC No.10208 of 2025 dt.21-04-2026 2/3 the respondent no.8 namely Krishna KumarMalik has wrongly been selected and appointed against the post of Vikas Mitra for Ward No.10, Areraj which was reserved for woman candidate.

(ii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondents particularly respondent no.5 to appoint the petitioner against the post of 'Vikas Mitra for Ward No.10, Areraj.

(iii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondents to restrain the respondent no.8 to work as Vikas Mitra during pendency of the present writ application.

(iv) To grant any other relief or reliefs to which the petitioner is entitled for."

3. Learned counsel for the State submits that the appointment of the petitioner is governed by the rules framed under the Bihar Mahadalit Vikas Mission. He further submits that a counter affidavit has already been filed and that, if the petitioner is aggrieved by the appointment, he has a statutory remedy of appeal before the Collector concerned.

4. In the aforesaid background, the writ petition stands disposed of, granting liberty to the petitioner to prefer an appeal before the District Magistrate concerned along with a copy of

Patna High Court CWJC No.10208 of 2025 dt.21-04-2026 3/3 this order within a period of 30 days from today. Upon such filing, the District Magistrate shall consider and dispose of the appeal on merits, after affording opportunity of hearing to the petitioner as well as private respondent no. 8, within a period of 90 days thereafter.

5. The aforesaid period of 90 days shall be reckoned from the date of completion of appearance of opposite party no. 2.

6. With the aforesaid observations and directions, the present writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 21.04.2026 Transmission Date NA