Disposed¶48

Kajal Kumari v. The State of Bihar

Patna HC13 Feb 2025L.P.A/295/2022

Case brief

AI extract

What is this about?

Patna High Court; L.P.A No.295 of 2022 in C.W.J.C. No.7223 of 2021; Anganwari Sevika appointment; Anganwari Centre No. 455; merit list Serial No. 7; caste certificate verification; EBC category; Kurmi caste; fresh cause of action; cancellation of appointment; Single Judge order dated 09.05.2022; appeal disposed of; decision date 13-02-2025.

What did the court decide?

No substantive relief; the appeal was disposed of with observations that the appellant may approach the authorities to seek cancellation of Respondent No. 7's appointment and, failing that, approach the Court again. ¶48

Kajal Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anything remains to be decided in the appeal, given that the learned Single Judge's order appointing Respondent No. 7 has already taken effect. +1 more

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Court's answer

Since the learned Single Judge's order has already taken effect (Respondent No. 7 having been appointed), nothing can be done about it in this appeal.

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Ratio / Principle

Verification of the caste of Respondent No. 7 disclosed that she does not belong to the EBC category, in which category she was appointed, but hails from the Kurmi caste.

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Key takeaways

The learned Single Judge's order could have been challenged on the ground that the Court ought not to have directed the appointment of Respondent No. 7 without verification of the caste certificate; the point was left unexercised because the order had already taken effect.obiter¶38
The finding that Respondent No. 7 is not of the EBC category constitutes a fresh cause of action for the appellant, who is well advised to approach the authorities to seek cancellation of Respondent No. 7's appointment and, if that is not done, may approach this Court again for the needful.ratio¶43

Detailed headnote1 paragraphs

Letters Patent Appeal by an Anganwari Sevika (Serial No. 7 in the merit list) whose appointment was displaced by a learned Single Judge's order dated 09.05.2022 in C.W.J.C. No. 7223 of 2021 appointing the writ petitioner (Respondent No. 7) and directing caste verification within three months. The Division Bench (oral judgment per the Acting Chief Justice) observed that since the order had already taken effect and Respondent No. 7 had been appointed, nothing could be done about it, though the order could have been challenged for directing appointment without caste verification. However, verification having revealed that Respondent No. 7 does not belong to the EBC category (in which she was appointed) but hails from the Kurmi caste, the Court held this to be a fresh cause of action for the appellant, advising her to approach the authorities for cancellation of Respondent No. 7's appointment and, failing that, to approach the Court again. With these observations, the appeal was disposed of (NAFR).

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.295 of 2022 In

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Civil Writ Jurisdiction Case No.7223 of 2021

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Kajal Kumari Wife of Sri Mintu Mandal Resident of Village and post Tilak Tajpur, P.S. Runnisaidpur, District Sitamadhi.

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... ... Appellant/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Social Welfare Department, Government of Bihar, Patna.

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The Director, Integrated Child Development Services, Government of Bihar, Patna.

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The Collector Sitamarhi.

The District Programme Officer, I.C.D.S., Sitamarhi.

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The Child Development Project Officer Runnisaidpur, District- Sitamarhi.

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The Block Development Officer Runnisaidpur, District- Sitamarhi.

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Phul Kumari @ Fool Kumari Wife of Sri Binay Kumar Resident of Village and Post Tilak Tajpur, P.S. Runnisaidpur, District- Sitamarhi.

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Vaidehi Raman Prasad Singh, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha (Ga7)

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 13-02-2025

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Heard Mr. Vaidehi Raman Prasad Singh, learned

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Advocate for the appellant and Mr. Gyan Prakash Ojha, GA-

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7 for the State.

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Patna High Court L.P.A No.295 of 2022 dt.13-02-2025 2/4

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The appellant herein was appointed on the post of Anganwari Sevika in Anganwari Centre No. 455, Ward

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No. 14, even though she was at Serial No. 7 in the merit

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list.

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The respondent no. 7/writ petitioner challenged

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the appointment of the appellant in her place on the ground that she hailed from EBC category and was not considered only for the reason that the certificate furnished by her did not exactly reflect her caste.

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She came out successful and the learned Single Judge vide order dated 09.05.2022 passed in C.W.J.C. No. 7223 of 2021, directed the authorities to appoint the writ petitioner/Respondent No. 7 on the post and thereafter, undertake caste verification furnished for the post for claiming reservation, giving ample opportunity to her and

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complete the proceedings within a period of three months from the date of receipt of the order.

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Patna High Court L.P.A No.295 of 2022 dt.13-02-2025 3/4

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The order took effect and the respondent no. 7

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herein/writ petitioner was appointed on the post of

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Anganwari Sevika at the concerned centre.

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The order of the learned Single Judge could have been challenged on the ground that the Court ought not to have directed for the appointment of Respondent No.

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7 (writ petitioner) without the verification of the caste certificate.

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However, since the order has already taken

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effect, nothing can be done about it.

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But to the advantage of the appellant, in the verification of the caste of respondent no. 7, it was found that she does not belong to the EBC category, in which category she has been appointed; rather she hails from Kurmi caste.

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This is a fresh cause of action for the appellant herein, who would be well advised to approach the authorities and seek cancellation of her appointment. If that

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Patna High Court L.P.A No.295 of 2022 dt.13-02-2025 4/4

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is not done, it would be open for the appellant to approach

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this Court again for the needful.

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