Patna High Court
Anjali Devi @ Anjali Kumari vs The State Of Bihar on 5 March, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.801 of 2023
In
Civil Writ Jurisdiction Case No.435 of 2023
======================================================
Anjali Devi @ Anjali Kumari, W/o Sri Anirudh Paswan, resident of village-
Dira, P.O.- Konag, P.S.- Halsi, District- Lakhisarai.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
2. The Director, I.C.D.S., Bihar, Patna.
3. The Divisional Commissioner, Munger Division, Munger.
4. The Collector cum the District Magistrate, Lakhisarai.
5. The Sub Divisional Officer, Lakhisarai.
6. The District Programme Officer, Lakhisarai.
7. The C.D.P.O. Halsi, District- Lakhisarai.
8. The Lady Supervisor, C.D.P.O. Halsi, District- Lakhisarai.
9. Manorma Devi, Wife of Shankar Mistri, R/o village- Dira, P.O.- Konag,
P.S.- Halsi, District- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mrityunjay Kumar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha (GA-7)
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Patna High Court L.P.A No.801 of 2023 dt.05-03-2025
2/5
Date : 05-03-2025
Re. I.A. No. 1 of 2025 in L.P.A. No. 801
of 2023 :-
The aforesaid interlocutory application has
been filed seeking condonation of delay of 14 days in
preferring the present Letters Patent Appeal.
2. For the reasons stated in the
application, the delay of 14 days in preferring the appeal
is, hereby, condoned.
3. I.A. No. 1 of 2025 stands allowed.
Re. L.P.A. No. 801 of 2023 :-
4. Heard the learned counsel for the
parties.
5. The appellant; respondent No. 9 and
one Preeti Raj had applied for the post of Anganwari
Sevika against the advertisement for the post.
6. In the General Meeting, respondent No.
9 was selected. The appellant was placed at serial No. 2
in the merit-list. However, the appellant challenged the
Patna High Court L.P.A No.801 of 2023 dt.05-03-2025
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genuineness of the age certificate of respondent No. 9,
which led to an enquiry in the matter and, ultimately, the
selection of respondent No. 9 to the post of Anganwari
Sevika was set aside and the appellant was appointed on
that post.
7. Thereafter, respondent No. 9
challenged such order vide C.W.J.C. No. 10382 of 2020,
which was disposed off on 11.01.2022.
8. By order dated 24.08.2022, the
respondent No. 4 directed for reinstatement of
respondent No. 9 on the post of Anganwari Sevika. This
was, again, challenged by the appellant vide C.W.J.C. No.
435 of 2023, which was dismissed by judgment dated
05.05.2023.
9
. The objection of the appellant against
the appointment of respondent No. 9 was that her date of
birth was not correctly stated. This assertion was based
mainly on the ground that the daughter of respondent No.
9 was roughly of the same age as of respondent No. 9.
Patna High Court L.P.A No.801 of 2023 dt.05-03-2025
The matter was inquired into and it was found that
respondent No. 9 is the second wife of her husband. In
fact, her husband had married the elder sister of
respondent No. 9, with whom two daughters were born.
10. The matter was further inquired at the
instance of the learned Single Judge and the
Superintendent of Police, Lakhisarai submitted a report
before the learned Single Judge that the respondent No. 9
was the second wife of her husband and, therefore,
merely because the age of her step-daughter was almost
the same, that would be no ground to presume that the
age projected by respondent No. 9 was wrong. Finding
this fact, the learned Single Judge rejected the writ
petition of the appellant.
11. We do not find any reason to interfere
with the order passed by the learned Single Judge
referred to above.
12. There is no merit in this appeal and it
is, accordingly, dismissed.
Patna High Court L.P.A No.801 of 2023 dt.05-03-2025
13. Interlocutory application(s), if any,
also stands disposed off.
(Ashutosh Kumar, ACJ)
(Harish Kumar, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 06.03.2025
Transmission Date N/A
