Patna High Court
Kajal Kumari vs The State Of Bihar on 13 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.295 of 2022
In
Civil Writ Jurisdiction Case No.7223 of 2021
======================================================
Kajal Kumari Wife of Sri Mintu Mandal Resident of Village and post Tilak
Tajpur, P.S. Runnisaidpur, District Sitamadhi.
... ... Appellant/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Social Welfare
Department, Government of Bihar, Patna.
2. The Director, Integrated Child Development Services, Government of Bihar,
Patna.
3. The Collector Sitamarhi.
4. The District Programme Officer, I.C.D.S., Sitamarhi.
5. The Child Development Project Officer Runnisaidpur, District- Sitamarhi.
6. The Block Development Officer Runnisaidpur, District- Sitamarhi.
7. Phul Kumari @ Fool Kumari Wife of Sri Binay Kumar Resident of Village
and Post Tilak Tajpur, P.S. Runnisaidpur, District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vaidehi Raman Prasad Singh, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha (Ga7)
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 13-02-2025
Heard Mr. Vaidehi Raman Prasad Singh, learned
Advocate for the appellant and Mr. Gyan Prakash Ojha, GA-
7 for the State.
Patna High Court L.P.A No.295 of 2022 dt.13-02-2025
2. The appellant herein was appointed on the post
of Anganwari Sevika in Anganwari Centre No. 455, Ward
No. 14, even though she was at Serial No. 7 in the merit
list.
3. The respondent no. 7/writ petitioner challenged
the appointment of the appellant in her place on the ground
that she hailed from EBC category and was not considered
only for the reason that the certificate furnished by her did
not exactly reflect her caste.
4. She came out successful and the learned Single
Judge vide order dated 09.05.2022 passed in C.W.J.C. No.
7223 of 2021, directed the authorities to appoint the writ
petitioner/Respondent No. 7 on the post and thereafter,
undertake caste verification furnished for the post for
claiming reservation, giving ample opportunity to her and
complete the proceedings within a period of three months
from the date of receipt of the order.
Patna High Court L.P.A No.295 of 2022 dt.13-02-2025
5. The order took effect and the respondent no. 7
herein/writ petitioner was appointed on the post of
Anganwari Sevika at the concerned centre.
6. The order of the learned Single Judge could
have been challenged on the ground that the Court ought
not to have directed for the appointment of Respondent No.
7 (writ petitioner) without the verification of the caste
certificate.
7. However, since the order has already taken
effect, nothing can be done about it.
8. But to the advantage of the appellant, in the
verification of the caste of respondent no. 7, it was found
that she does not belong to the EBC category, in which
category she has been appointed; rather she hails from
Kurmi caste.
9. This is a fresh cause of action for the appellant
herein, who would be well advised to approach the
authorities and seek cancellation of her appointment. If that
Patna High Court L.P.A No.295 of 2022 dt.13-02-2025
is not done, it would be open for the appellant to approach
this Court again for the needful.
10. With the aforenoted observation, the appeal
stands disposed of.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
krishna/sujit
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2025
Transmission Date 17.02.2025
