IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21129 of 2014 ======================================================

Ponam Kumari W/o - Shri Rajkamal Rai, R/o - Village - Kalyanpur, Basti Purav Brahampur Das Tola, P.S. - Mohuddin Nagar, Distt. - Samastipur.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Dept. of Social Welfare, Govt. of Bihar, Patna

3. The Director, Integrated Child Development Services, Dept of Social Welfare, Govt. of Bihar, Patna.

4. The Distt. Magistrate, Samastipur

5. The Incharge Deputy Collector, Distt. Public Girievance Cell, Samastipur.

6. The Distt. Programme Officer, Samastirpu.

7. The Child Development Project, Mohiuddin Nagar, Distt. - Samastipur.

8. Mukhiya, Gram Panchayat Raj, Kalyanpur Basti Purav Brahampur Das Tola, Block - Mohuddin Nagar, Dis

9. Kanchan Rai W/o - Awadhesh Kumar rai R/o Village - Navtol Tanra Brahampur Das Tola, P.S. - Mohuddin Nagar, Distt. - Samastipur ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the State : M/sVivek Prasad, AC to GP 7 Sanjay Kumar, AC to GP 7 Manisha Singh, AC to GP 7 ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 11-02-2026

1. The petitioner has filed the instant application for the following relief: “i. For issuance of an appropriate Writ in the nature of of the certiorari for quashing the decision of the respondent Child Development Project Officer, (C.D.P.O.) Mohiuddin Nagar to the extent as mentioned in the remarks column of the merit list dated 17.08.2013 by which the petitioner has been denied appointment on the post of Anganbari Sevika and has been ousted from the selection process on the ground that she does not come within the Poshak Area.

ii. For issuance of a Writ in the nature of Mandamus commanding the Respondents to appoint the Petitioner on the post of Anganbari Sevika of Brahampur Das Tola, Anganbari Centre No. 110, Ward No. 14, as Petitioner is at the top of the merit list prepared and issued by the Child Development Project Officer, Mohiuddin Nagar, Samastipur.

iii. For issuance of an appropriate Writ holding and declaring the decision of the Child Development Project Officer, Mohiuddin Nagar to oust petitioner from the selection/appointment on the ground of being not falling within the Poshak arca is wholly arbitrary, illegal, malafide and error of record.

iv. For any other relief/s for which the petitioner is entitled in the eye of law in the facts and circumstances of the Case.”

2. The case of the petitioner culled out of the Writ petition is that the Integrated Child Development Scheme (I.C.D.S.) is a centrally sponsored welfare scheme implemented through Anganbari Centres for providing essential services to poor children aged 0–6 years and to pregnant and lactating women. The appointment of Anganbari Sevika is governed by departmental guidelines, under which the selection is made at the Tola/Ward level through the Aam Sabha, and preference is given to eligible candidates belonging to the concerned Poshak Area. It is submitted that pursuant to an advertisement published on 19.07.2013 in the daily newspaper Dainik Jagran, applications were invited for appointment of Anganbari Sevika to various Anganbari Centres, including Centre No. 110. The petitioner, having fulfilled all eligibility criteria, applied in the prescribed format. Thereafter, an Aam Sabha meeting was held, and a provisional merit list was prepared by the C.D.P.O. on 17.08.2013, wherein the petitioner secured the highest marks (62.57%) and was placed at the top of the merit list. It is further submitted that however, despite her position in the merit list, the petitioner was denied appointment on the ground that she does not belong to the Poshak Area of the concerned