Kumari Rinki v. The State Of Bihar, Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.142 of 2025 ====================================================== Kumari Rinki W/o Naresh Gupta Resident of Village - Khap Tola, Ward No. 15, P.O. - Machchha, P.S. Bihtaha, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, ICDS, Bihar, Patna.

4.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 5.

The Collector - cum - District Magistrae, West Champaran at Bettiah. 6.

The Distrit Programme Officer, West Champaran at Bettiah. 7.

The Child Development Project Officer, Bhitaha Block, Bhitaha, DistrictWest Champaran. 8.

Roma Kumari W/o Arjun Prasad @ Arjun Bin, Resident of Village - Machchha, P.S. - Bhitaha, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

Mr.Ritesh Kashyap, Adv.

For the Respondent/s :

Mr.Ashok Mishra, Adv.

Mr.Vijay Kr. Singh No.I.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-06-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondents.

2. The present writ petition has been filed with the following reliefs:- A. For issuance of a writ in the nature of certiorari or any other appropriate writ, order/s, direction for the followings :- I. To quash the order dated 03.10.2024 passed by the respondent no. 4 in ICDS Revision case no. 325/2023 whereby and where under the order dated 16.08.2023 passed by the respondent no. 6 in Anganbari Sevika/Sahaiyika appeal no.

2/4 178/2021 has been set aside. (Annexure- P/7). II. To quash the order dated 15.07.2021 passed in Anganbari Sevika/Sahaiyika appeal no. 03/2021 by the respondent no. 7 whereby and where under the claim of the petitioner for her selection over the post of Anganbari Sevika (Anganbari Worker) of Anganbari Center No. 38 corresponding to Ward No. 15 of Gram Panchayat Raj Machchha under Bhitaha Block of West Champaran District has been rejected. (AnnexureP/5). B. For issuance of a writ in the nature of mandamus, or any other appropriate writ/s order/s, direction for the followings:- I. To treat the annexures-P/7 and P/5 to be nullity and non-est in the eye of law.

II. To hold that the impugned orders are illegal and against the materials available on the record and the same have been passed without considering the relevant provisions of the guideline-2019.

III. To appoint/to select the petitioner over the post of Anganbari Sevika (Anganbari Worker) of Anganbari Center No. 38 corresponding to Ward No. 15 of Gram Panchayat Raj Machchha under Bhitaha Block of West Champaran District.

3. Learned counsel for the petitioner fairly submits that vide order dated 17.01.2025, this Hon'ble Court has pleased to direct the petitioner to place on record the application dated

3/4 12.06.2019 submitted by the petitioner, which is mentioned in the impugned order dated 03.10.2024.

4. Counsel further submits that according to him, Annexure-P/4 of the writ petition is the said representation about which indication has been made in the impugned order dated 03.10.2024. Though a supplementary affidavit has been filed in which it has been categorically pleaded that the petitioner has only receipt issued by B.L.P. and he has not having the copy of the application given to the BLP of the concerned place of Uttar Pradesh for deleting her name from electoral roll of Tamkuhi Raj Tahsil.

5. Learned counsel for the private respondents, on the other hand, submits that Annexure-P/4 is not an application filed before the B.L.P. rather it is a Form 22 of State Election Commission, Uttar Pradesh.

6. Learned counsel for the State, on the other hand, submits that there is no need of any interference in the order passed by the Commissioner in revision petition as by the said order, the revisional authority has ordered for fresh advertisement for the post, which is in question according to guidelines for appointment of Anganbari Sevika/Sahaiyika, 2022.

4/4

7. In the light of the submissions made, this Court is of the view that the petitioner has failed to produce the application before this Court, which has been directed vide order dated 17.01.2025 as the said application dated 12.06.2019 is the basis for the result for which the petitioner is entitled.

8. In this view of the matter, this Court is of the firm view that there is no need of any interference in the orders impugned and hence, the present writ petition is hereby dismissed, directing to the Collector, West Champaran at Bettiah to make specific direction to the C.D.P.O., Bhitaha Block, West Champaran for completion of the appointment of Anganwari Sahaiyika of Anganbari Center No. 38 corresponding to Ward No. 15 of Gram Panchayat Raj Machchha under Bhitaha Block of West Champaran District within two months from the date of production of this order.

(Dr. Anshuman, J) Prakashmani/- U