IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17736 of 2023 ======================================================

Nagina Kumari W/o Jagarnath Sahni, resident of Village-Meghua Ward No. 9, P.S.-Rajepur, District-East Champaran (Motihari).

... ... Petitioner/s Versus

1. The State of Bihar

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

3. The Director I.C.D.S. Govt. of Bihar, Patna.

4. The Commissioner, Tirhut Division, Muzaffarpur.

5. The District Magistrate, East Champaran (Motihari).

6. The District Programme Officer, East Champaran (Motihari).

7. The C.D.P.O., Tetariya, East Champaran (Motihari).

8. Anjali Kumari, W/o Vijul Mahto, resident of Village-Meghua, P.S.-Rajepur, District-East Champaran (Motihari).

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

Appearance :

For the Petitioner/s : Mr.M.K. Singh, Advocate For the Respondent/s : Mr.Dhurjati Kumar Prasad, GP-14 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 06-02-2026 Heard the learned counsel for the parties.

2. The present writ petition has been filed for the following reliefs:-

“(i) For issuance of writ of certiorari or any other appropriate writ, order or direction for setting aside the order dated 26.09.2023, passed in I.C.D.S. Case No. 101/2021 by Divisional Commissioner, Tirhut, Muzaffarpur whereby and whereunder the order passed by District Programme Officer, East Champaran, cancelling the selection of private respondent no. 8 as Anganwari Sevika and direction has been issued for fresh selection on the post.

(ii) For issuance of direction to respondents concern to keep the order impugned of Commissioner, Tirhut Division in abeyance till disposal of this writ application as order passed by Commissioner, Tirhut Division is infructuous in itself, as present selection of petitioner was made on fresh advertisement bearing Advertisement No. 01/2022 issued by Collectorate, East Champaran.”

3. The brief facts of the case are that Respondent No. 8, Anjali Kumari, was selected as Anganwari Sevika in Ward No. 9. A complaint was submitted by the petitioner before the Child Development Project Officer, Tetariya, (hereinafter referred to as CDPO, Tetariya) whereupon, after an inquiry, the CDPO, Tetariya cancelled the selection of the private Respondent No. 8 vide order contained in Memo No. 19 dated 27.08.2019.

4. Being aggrieved by the order dated 27.08.2019 passed by the CDPO, Tetariya, Respondent No. 8 filed an appeal before the District Program Officer, ICDS, Motihari, East Champaran, which was decided vide order dated 12.03.2021/15.03.2021. After hearing the parties, the District Program Officer, ICDS, Motihari, East Champaran dismissed the appeal filed by Respondent No. 8, set aside the order dated 27.08.2019 passed in Case No. 02/2019– 20 by the CDPO, Tetariya, and further directed the CDPO, Tetariya to issue fresh advertisement for the centre in question and select the Anganwari Sevika in accordance with law. The parties were given liberty to file appeal before the Court of the Commissioner, Tirhut Division, Muzaffarpur within 30 days from the date of passing of the order.

5. Being aggrieved by the order dated

12.03.2021/15.03.2021 passed in Appeal Case No. 218 of 2019, Respondent No. 8 preferred an appeal before the Court of the Commissioner, Tirhut Division, Muzaffarpur, which was numbered as ICDS Case No. 101 of 2021.

6. It appears that an advertisement bearing Advertisement No. 01 of 2022 was issued for selection of Anganwari Sevika/Sahayika for different Anganwari Centres, including the centre in question, where the petitioner and Respondent No. 8 were staking their claim. Clause-13 of the advertisement is as follows:

“13. नोट:- अगर चयन से सबं ंधधत कोई मामला धकसी सकम नयायालय मे लंधबत है तो उस नयायालय दारा आदेश के फलाफल से चयन पर् भाधवत होगा। चयन पतर् मे इसे उललेधखत कर धदया जायेगा।

7. The petitioner applied for selection and w