Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10932 of 2026 ====================================================== Punam Kumari Wife of Sandeep Ram, Resident of Village- Ward No.01, Marjadi Marjadpur, P.S.- Gaunaha, District- West Champaran, Bettiah (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Health Department, Government of Bihar, Patna.

2.

The Additional Secretary cum Executive Director, State Health Society, Bihar.

3.

The District Magistrate cum Collector, West Champaran (Bettiah). 4.

The Civil Surgeon cum Member Secretary District Health Committee, West Champaran (Bettiah).

5.

The Medical Officer Incharge, Primary Health Centre, Gaunaha, West Champaran (Bettiah).

6.

The Block Health Manager Primary Health Centre, Gaunaha, West Champaran (Bettiah).

7.

The Mukhiya, Gram Panchayat- Madhopur, Gaunaha, West Champaran (Bettiah).

8.

Laxmi Kumari, W/o- Arun Kumar, Resident of Village- Ward No. 04, Bhitiharwa, P.S.- Gaunaha, District- West Champaran, Bettiah (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Gaurav, Adv.

For the State :

Mr.Standing Counsel (07) For the State Health Society :

Mr. K. K. Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 27-07-2026 Learned Advocates for the respective parties are present.

2. The petitioner claiming to be one of the aspirant for the post of ASHA is aggrieved with the selection/appointment of the respondent no. 8 whose appointment is said to be contrary to the previous

Patna High Court CWJC No.10932 of 2026 dt.27-07-2026 2/3 selection/guidelines, beyond jurisdiction and without considering the law as well as the merit.

3. Various submissions have been advanced in support of the aforesaid contention to demonstrate that the appointment of respondent no. 8 is not in accordance with law.

4. Learned Advocate for the State drawing the attention of this Court to the guidelines issued by the State Health Committee, Bihar, as contained in Memo No. 956 dated 22.05.2020, has submitted that under Clause 6 thereof, in case any irregularity in the selection process is noticed, an aggrieved party has an appropriate remedy to approach the Civil Surgeoncum-Member Secretary, District Health Society, preferably within a period of 30 days. However, from the record it appears that the petitioner has not approached before the concerned authorities and moreover the appointment of the respondent no. 8 took place long back in the year 2023, vide Memo No. BPMU-12 dated 01.12.2023.

5. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the specific remedy available to the petitioner under the guidelines referred hereinabove, this Court does not find any reason or occasion to entertain the present writ petition.

Patna High Court CWJC No.10932 of 2026 dt.27-07-2026 3/3

6. The petitioner shall be at liberty to approach before the Civil Surgeon-cum-Member Secretary, District Health Society, West Champaran, Bettiah along with an application for condonation of delay. In case such an application is filed preferably within a period of four weeks from today, the same shall be considered sympathetically, if the concerned respondent finds merit in the stand of the petitioner, and pass necessary order in accordance with law, observing the principle of natural justice.

7. The writ petition stands disposed.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE 28.07.2026 Uploading Date Transmission Date