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Patna High Court
Sarita Kumari vs The State Of Bihar on 13 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18174 of 2023
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Sarita Kumari Wife of Shri Balister Kumar Baitha, Resident of Village-Behari
Bankatwa, Ward No. 10, Police Station-Sikta, District-West Champaran at
Bettiah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary cum the Principal Secretary, Social Welfare
Department, Govt. of Bihar, Patna.
3. The Director Integrated Child Development Services, Bihar, Patna.
4. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
5. The District Magistrate, West Champaran at Bettiah.
6. The District Programme Officer, Integrated Child Development Services,
West Champaran at Bettiah.
7. The Child Development Project Officer, Sikta, District-West Champaran at
Bettiah.
8. The Lady Supervisor, Sikta, District-West Champaran at Bettiah.
9. The Ward Member Ward No. 10, Gram Panchayat Suryapur, Anchal-Sikta,
District-West Champaran at Bettiah.
10. Renu Devi, Wife of Hiralal Baitha, Resident of Village-Behari Bankatwa,
Police Station-Sikta, District-West Champaran at Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate
For the Res. No. 10- : Mr.Manoj Kumar, Advocate
For the Respondent/s : Mr.Anant Prasad Singh, SC- 15
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 13-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
"(i) For issuance an appropriate writ in
the nature of certiorari for quashing the
order dated 19.01.2023 passed by the
District Programme Officer, ICDS, West
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
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Chamapran, Bettiah in Appeal Case No.
186/2021 (Renu Devi vs. Sarita Kumari
and Others) by which, he has cancelled the
selection of the petitioner as Aanganwadi
Sevika and directed the Child Development
Project Officer, Sikta, West Champaran,
Bettiah for initiating a fresh process for
recruitment of Aanganwadi Sevika at
Centre No. 107, Ward No. 10, Gram
Panchayat Suryapur holding that the
selection of the petitioner has been done
on the basis of wrong mapping, as the
concerned Lady Supervisor has not
prepared the survey mapping as per the
guidelines issued by the department,
without considering the fact that earlier
the mapping register was prepared by the
Lady Supervisor Sikta and on the basis of
the same, it has been found that ward no.
10 has the class majority of scheduled
caste and thereafter the advertisement was
published in which the petitioner being the
most suitable candidate was selected and it
is not a dispute that the aforesaid Ward
No. 10 has the class majority of scheduled
caste which can be verified and earlier the
Child Development Project Officer, Sikta,
West Champaran at Bettiah has rejected
the case filed by the private respondent
Renu Devi, in which, she has considered
all these facts and held the selection of the
petitioner to be valid and genuine.
(ii) For issuance an appropriate writ in the
nature of certiorari for quashing the order
dated 25.09.2023 passed by the Divisional
Commissioner, Tirhut Division,
Muzaffarupur in ICDS Case No. 45/2023
(Sarita Kumari vs. the District Programme
Officer, West Champaran, Bettiah), by
which, the case filed by the petitioner
against the order of the District
Programme Officer, ICDS, West
Champaran, Bettiah has been rejected on
the same and similar grounds of wrong
mapping register, without considering the
true facts and circumstances of the case of
the petitioner as also without making any
verification with regard to the class
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
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majority in Ward No. 10, Sikta, District
West Champaran.
(iii) For issuance of an appropriate writ in
the nature mandamus for commanding and
directing the respondent authorities to
consider the case of the petitioner for his
reinstatement on the post of Aanganwadi
Sevika in Ward No. 10, Centre No. 207,
Gram Panchayat Raj Suryapur, Sikta,
District -West Champaran at Bettiah as
she had been selected / appointed after
following the due process of selection and
there is no allegation that she used illegal
means or submitted false and fabricated
documents of her educational qualification
rather her selection has been cancelled by
the District Programme Officer, ICDS,
West Champaran, Bettiah and the same
has been affirmed by the Divisional
Commissioner, Tirhut Division,
Muzaffarpur on the ground that the
selection was done on the basis of wrong
mapping but the same is not true as the
petitioner is the resident of ward no. 10,
which has class majority of scheduled
caste and the petitioner being the person of
class majority and fulfilling all the
eligibility criteria has rightly been selected
for the said post of Aanganwadi Sevika but
the same has not been considered by the
concerned respondents and a very
mechanical order has been passed
furthermore, it is not the petitioner who
prepares the mapping register rather it is
the officials of the department who
prepares the mapping register and even if
it is presumed that wrong mapping register
has been prepared, the petitioner cannot
be put at loss by terminating her service as
Aanganwadi Sevika.
(iv) For issuance of an appropriate writ in
the nature of mandamus for commanding
and directing the respondent authorities
concerned to take a sympathetic view in
the matter and allow the petitioner to
continue as Aanganwadi Sevika in Ward
No. 10, Centre No. 207, Gram Panchayat
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
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Raj Suryapur, Anchal-Sikta, District-West
Chamapran, Bettiah.
(v) For issuance of any other appropriate
writ/writs, order/orders,
direction/directions for which the writ
petitioner will be found entitled in the facts
and circumstances of the case."
3. Learned counsel for the petitioner submits that the
petitioner, after passing the matriculation examination in 2014 and
being eligible for appointment as Anganwari Sevika, made an
online application for her selection for being appointed as
Anganwari Sevika for Ward No. 10, Anganwari Centre No. 107,
Gram Panchayat Suryapur, Anchal-Sikta, District West Champaran
at Bettiah. The application of the petitioner was submitted on
06.01.2020.
4
. The applications of the candidates were scrutinized
and a merit list was prepared. Thereafter, a Aam Sabha was
convened and in the said meeting, the petitioner, having secured
higher merit marks and fulfilling all the eligibility criteria, was
selected for appointment on the post of Anganwari Sevika.
Accordingly, the petitioner gave her joining on the said post on
26.08.2021 and started discharging her duties.
5. However, one of the unsuccessful candidates, namely,
Renu Devi, filed a petition before the Child Development Project
Officer (hereinafter referred to as the CDPO), Sikta, District West
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
Champaran, Bettiah, challenging the selection of the petitioner
inter alia on the ground that she having higher marks i.e. 44%, had
not been selected while the petitioner having obtained 41% marks
was selected. The challenge was further made on the ground that
in Ward No. 10, the majority class is of the backward category,
whereas the petitioner belongs to the Scheduled Caste category.
6. Notices were issued to all the concerned parties
including the petitioner. The petitioner appeared and filed her reply
in Anganwari Sevika/Sahayika Selection Case No. 04 of 2021 and
after hearing the parties, the CDPO, Sikta, West Champaran,
Bettiah, by final order dated 31.08.2021, came to the conclusion
that the petitioner had rightly been selected on the said post.
7. The private Respondent No. 10, being aggrieved with
the order dated 31.08.2021 passed by the CDPO, Sikta, West
Champaran, Bettiah, filed an appeal before the District Programme
Officer, ICDS, West Champaran, Bettiah which was numbered as
Appeal Case No. 186 of 2021. The D.P.O, ICDS, West
Champaran, Bettiah by order dated 19.01.2023 passed in Appeal
Case No. 186 of 2021, cancelled the selection of the petitioner as
Anganwari Sevika and directed the CDPO, Sikta, West
Champaran, Bettiah to initiate a fresh process for recruitment of
Anganwari Sevika at Centre No. 107, Ward No. 10, Gram
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
Panchayat Suryapur on the ground that the selection of the
petitioner had been done on the basis of wrong mapping, as the
concerned Lady Supervisor had not prepared the survey mapping
as per the guidelines issued by the Department.
8. Being aggrieved with the order dated 19.01.2023
passed by the District Programme Officer, ICDS, West Champaran
at Bettiah, the petitioner challenged the same before the Divisional
Commissioner, Tirhut Division, Muzaffarpur by filing an appeal,
which was numbered as ICDS Case No. 45 of 2023. The matter
was finally heard by the Divisional Commissioner, Tirhut
Division, Muzaffarpur and the same was rejected vide order dated
25.09.2023, meaning thereby that the order passed by the District
Programme Officer, ICDS, West Champaran, Bettiah was
affirmed.
9. It has been submitted by learned counsel for the
petitioner that both the District Programme Officer, ICDS, West
Champaran, Bettiah as well as the Divisional Commissioner,
Tirhut Division, Muzaffarpur passed their respective orders
without application of mind and without considering the facts and
circumstances of the case.
10. It is further submitted that the petitioner, being the
most suitable candidate, was selected for appointment and further
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
that the Respondent No. 10 had not raised any dispute with regard
to mapping before the CDPO, Sikta, West Champaran at Bettiah. It
has also been submitted that the mapping register is prepared by
the Lady Supervisor, in which the petitioner has no role and as per
the register, the majority class in Ward No. 10 was of the
Scheduled Caste and based on that, advertisement was issued,
wherein the petitioner was found to be the most suitable candidate.
11. It is further submitted that the District Programme
Officer, ICDS, West Champaran, Bettiah as well as the Divisional
Commissioner, Tirhut Division, Muzaffarpur failed to appreciate
and consider the certificate issued by the Mukhiya, in which it was
clearly stated that in Ward No. 10 the majority class is of
Scheduled Caste. It has been submitted that the order directing
initiation of fresh process for recruitment is erroneous.
12. Learned counsel for the respondent-State submits
that the orders passed by the authorities concerned would show
that before passing the order, the Divisional Commissioner, Tirhut
Division, Muzaffarpur had gone through the records wherein the
mapping register was attached with the lower court records. From
the same, it was gathered that in the survey register/mapping
register at Sl. Nos. 50 to 69 and 70 to 99, only the names of the
head of the family were mentioned of the persons belonging to a
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
particular community and there were also misconceptions
regarding the families marked in the General Category.
13. Finally, the Divisional Commissioner, Tirhut
Division, Muzaffarpur came to the conclusion that the mapping
had been done in clear violation of the Departmental Provisions of
2019, for which he found the Lady Supervisor to be at fault and
therefore proceeded to dismiss the appeal filed by the petitioner.
The Divisional Commissioner further came to the conclusion that
the mapping register is the main basis for initiating the selection
process and the categories of a particular caste had not been
explained; therefore, the error was apparent in preparation of the
mapping register.
14. Learned counsel for the private Respondent No. 10
submits that there is no infirmity in the orders passed by the
District Programme Officer, ICDS, West Champaran, Bettiah and
the order passed by the Divisional Commissioner, Tirhut Division,
Muzaffarpur. The same are based on the documents and their
verification and there is no illegality in the same.
15. Heard the rival submissions of the parties and
perused the materials available on record. It appears from the
orders passed by the District Programme Officer, ICDS and the
Divisional Commissioner, Tirhut Division, Muzaffarpur that the
Patna High Court CWJC No.18174 of 2023 dt.13-02-2026
mapping register was not prepared in accordance with the
guidelines issued by the Department by the Lady Supervisor and
therefore, the selection based on the same was cancelled and a
fresh process for initiation of selection was directed to be
undertaken on the basis of a fresh mapping register. If there was
irregularity in preparation of the mapping Register, then the same
needs to be corrected and further when direction has been issued
for initiation of process of appointment afresh, then the petitioner
will also get a chance in the same, therefore there is no question of
the order being illegal.
16. Therefore, there is no illegality in the impugned
orders and accordingly, the writ petition is dismissed.
(Ritesh Kumar, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date
