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2026 Supreme(Online)(Pat) 13521

PATNA HIGH COURT
Jyoti Kumari
CWJC-3342/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3342 of 2026 ======================================================

Jyoti Kumari Wife of Jitendra Kumar, resident of Village- Jajauli, P.S.-

Mashrakh, District-Saran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar.

2. The State Health Society, Bihar through the Additional Secretary-cum-

Executive Director.

3. The Regional Additional Director, Health Section, Bihar, Patna.

4. The District Magistrate, Saran.

5. The Civil Surgeon-cum-Medical Officer, District- Saran.

6. The Medical Officer-in-charge, Primary Health Centre, Mashrakh, Saran.

7. The Mukhiya Gram Panchayat, Jajauli, Mashrakh, Saran.

8. Mala Devi Wife of Sudhir Rai, R/o- Jajauli, P.S.-Mashrakh, District- Saran.

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

Appearance :

For the Petitioner/s : Mr.Krishna Kant Singh, Advocate For the State : Mr. Rajnish Shandilya, AC to GA11 For the SHSB : Mr. K.K. Sinha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 16-03-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the State Health Society, Bihar, Patna.

2. The present writ petition has been filed for setting aside the selection of the private respondent no. 8, namely Mala Devi, who has been selected as ASHA Worker of Ward No. 4, Centre No. 76, under Jajauli Panchayat, P.S. Mashrakh, District Saran, allegedly contrary to the prescribed guidelines. The petitioner has further prayed that after setting aside the selection of the private respondent, the concerned authorities be directed to consider and select the petitioner for the post of ASHA Worker.

3. Learned counsel for the petitioner submits that the petitioner has already filed a representation before the Civil Surgeon-cum-Member Secretary, District Health Society, Saran, vide Annexure P/4 to the writ petition, but no decision has been taken on the same till date.

4. Learned counsel further submits that a direction may be issued to the Civil Surgeon-cum-Member Secretary, District Health Society, Saran to consider and dispose of the said representation.

5. From the record, it transpires to this Court that the said representation was sent through registered post on 15.09.2025. It further transpires that the guidelines for selection and removal of ASHA Workers have been brought on record as Annexure P/3 to the writ petition, wherein the Civil Surgeon- original authority and the Regional Deputy Director, Health Services is the appellate authority. Since the representation of the petitioner is pending, the respondent no. 5, namely the Civil is directed to pass a reasoned order on the representation of the petitioner within a period of sixty (60) days from the date of receipt/production of a copy of this order.

6. It is made clear that the aforesaid period of sixty (60) days shall be counted from the date of appearance of all the concerned parties.

7. With the aforesaid observations and directions, the present writ petition stands disposed off.

(Dr. Anshuman, J)

Ashwini/-

U

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