IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15006 of 2022 ======================================================

Sima Devi Wife of Shri Sanjay Gupta, Resident of Village - Amarpura, Tola -

Shitalpur, P.S.- Mahammadpur, District - Gopalganj.

... ... Petitioner/s Versus

1. The State of Bihar through the Collector, Gopalganj.

2. The Deputy Collector, Land Reforms, Gopalganj.

3. The Block Development Officer, Sidhwaliya, Gopalganj.

4. The District Programme Officer, Gopalganj.

5. The Child Development Project Officer, Sidhwaliya, Gopalganj.

6. The Lady Supervisor, Aanganbadi Centre No. 144, Ward No. 14, Garm Panchayat Raj, Amarpura, Block - Sidhwaliya, District - Gopalganj.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate For the State : Mr. S.K. Mandal (SC-3)

Mr. Arjun Prasad (AC to SC-3)

======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 13-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:-

“A. For issuance of appropriate writ/writs, order/orders for setting aside the part of the order dated 24.06.2022, passed by the Respondent No. 1 i.e. the Collector, Gopalganj, passed in Aanganbadi Appeal Case No. 19/2018 whereby and whereunder he directed the Respondent No. 4 i.e. the District Programme Officer, Gopalganj to re- select the Aanganbadi Sevika at Centre No. 56/144, Ward No. 14. Gram Panchayat Raj, Amarpura, Shitalpur, Block - Sidhwaliya, District -Gopalganj, ignoring the fact that the petitioner was duly selected and working as an Aanganbadi Sevika in the said centre after duly fulfilling all the eligibility criteria and the said order was passed without considering the reply filed by the petitioner, which violates the principles of Natural Justice.

B. Further for staying the operation of the part of the impugned order dated 24.06.2022 regarding the re- selection of the Aanganbadi Sevika at Centre No. 56/144, Ward No. 14, Gram Panchayat Raj, Amarpura, Shitalpur, Block- Sidhwaliya, District - Gopalganj till the disposal of this writ application.

C. Pass such other Order/Orders as your Lordships may deem fit and proper.”

3. Learned counsel for the petitioner submits that Aam Sabha was held on 12.02.2018 & 16.02.2018 by which the petitioner was selected on the post of Anganwadi Sevika for Anganwadi Centre No. 144, Ward No. 14, Gram Panchayat Raj, Amarpura, Shitalpur, Block- Sidhwaliya, District- Gopalganj. Counsel further submits that the selection letter has been issued to the petitioner on 16.02.2018. He submits that one Shabnam Khatoon a non selected candidate has challenged the selection of the petitioner before the D.P.O, Gopalganj by virtue of Anganwadi Appeal Case No. 49 of 2018, which was decided on 03.07.2018. In the said Anganwadi Appeal Case No. 49 of 2018, the petitioner was respondent no.1. Against the decision of the said Anganwadi Appeal Case No. 49 of 2018 passed by the D.P.O, Gopalganj, further appeal has been filed before the District Magistrate, Gopalganj bearing Anganwadi Appeal Case No. 19 of 2018, in which the final order has come on 24.06.2022 by which the direction for fresh selection for the Anganwadi post has been made by the Collector. The present writ petitioner being aggrieved & dissatisfied by the said order dated 24.06.2022 passed by the District Magistrate, Gopalganj in Anganwadi Appeal Case No. 19 of 2018 has preferred the present writ petition.

4. Learned counsel for the State on the other hand submits that the present writ petition is fit to be dismissed, as against the selection of petitioner, one Shabnam Khatoon has filed Anganwadi Appeal Case No. 49 of 2018 in which petitioner was heard and the D.P.O, Gopalganj dismissed the said anganwadi appeal. Thereafter, Shabnam Khatoon again preferred another Anganwadi Appeal