Disposed¶28

Punam Kumari v. The State of Bihar

Patna HC27 Jul 2026CWJC/10932/2026

Case brief

AI extract

What is this about?

ASHA appointment challenge; writ petition disposed for failure to exhaust alternative remedy; Clause 6 of State Health Committee guidelines Memo No. 956 dated 22.05.2020; 30-day remedy before Civil Surgeon-cum-Member Secretary, District Health Society; impugned appointment vide Memo No. BPMU-12 dated 01.12.2023; condonation of delay; four weeks sympathetic consideration; natural justice; Patna High Court; CWJC No.10932 of 2026; Justice Harish Kumar.

What did the court decide?

Liberty to approach the Civil Surgeon-cum-Member Secretary, District Health Society, West Champaran, Bettiah with an application for condonation of delay; if filed preferably within four weeks, to be considered sympathetically if merit is found, with necessary order in accordance with law observing natural justice. ¶28

Punam Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the selection/appointment of respondent no. 8 to the post of ASHA is contrary to the previous selection/guidelines, beyond jurisdiction, and made without considering the law as well as the merit. +1 more

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Ratio / Principle

Taking note of the specific remedy available to the petitioner under the guidelines (Clause 6, Memo No. 956 dated 22.05.2020), which the petitioner had not availed, the Court does not find any reason or occasion to entertain the writ petition.

¶25

Key takeaways

The petitioner is at liberty to approach the Civil Surgeon-cum-Member Secretary, District Health Society, West Champaran, Bettiah along with an application for condonation of delay; if such application is filed preferably within four weeks, it shall be considered sympathetically if the concerned respondent finds merit in the petitioner's stand, and necessary order passed in accordance with law observing the principle of natural justice.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.; oral judgment dated 27-07-2026) in CWJC No.10932 of 2026 disposed of a writ petition filed by an aspirant to the post of ASHA challenging the appointment of respondent no. 8 (made in 2023 vide Memo No. BPMU-12 dated 01.12.2023) as contrary to the previous selection/guidelines, beyond jurisdiction and without considering law and merit. The State relied on Clause 6 of the guidelines issued by the State Health Committee, Bihar (Memo No. 956 dated 22.05.2020), under which an aggrieved party noticing irregularity in the selection process has an appropriate remedy before the Civil Surgeon-cum-Member Secretary, District Health Society, preferably within 30 days; the record showed the petitioner had not approached the concerned authorities. Holding that there was no reason or occasion to entertain the writ petition in view of this specific remedy, the Court disposed of the petition with liberty to the petitioner to approach the Civil Surgeon-cum-Member Secretary, District Health Society, West Champaran, Bettiah along with an application for condonation of delay, directing that if filed preferably within four weeks it be considered sympathetically if merit is found, and necessary order passed in accordance with law observing natural justice.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10932 of 2026

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

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Punam Kumari Wife of Sandeep Ram, Resident of Village- Ward No.01, Marjadi Marjadpur, P.S.- Gaunaha, District- West Champaran, Bettiah (Bihar).

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... ... Petitioner/s

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Versus

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

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The Additional Secretary cum Executive Director, State Health Society, Bihar.

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The District Magistrate cum Collector, West Champaran (Bettiah).

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The Civil Surgeon cum Member Secretary District Health Committee, West Champaran (Bettiah).

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The Medical Officer Incharge, Primary Health Centre, Gaunaha, West Champaran (Bettiah).

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The Block Health Manager Primary Health Centre, Gaunaha, West Champaran (Bettiah).

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The Mukhiya, Gram Panchayat- Madhopur, Gaunaha, West Champaran (Bettiah).

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Laxmi Kumari, W/o- Arun Kumar, Resident of Village- Ward No. 04, Bhitiharwa, P.S.- Gaunaha, District- West Champaran, Bettiah (Bihar).

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... ... Respondent/s

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==================== Appearance : For the Petitioner/s	===== :	============================= Mr.Kumar Gaurav, Adv.
For the State	:	Mr.Standing Counsel (07)
For the State Health Society ====================	: =====	Mr. K. K. Sinha, Adv. =============================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 27-07-2026

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Learned Advocates for the respective parties are

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present.

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The petitioner claiming to be one of the aspirant

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for the post of ASHA is aggrieved with the selection/appointment of the respondent no. 8 whose appointment is said to be contrary to the previous

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Patna High Court CWJC No.10932 of 2026 dt.27-07-2026 2/3

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selection/guidelines, beyond jurisdiction and without considering the law as well as the merit.

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Various submissions have been advanced in support of the aforesaid contention to demonstrate that the appointment of respondent no. 8 is not in accordance with law.

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Learned Advocate for the State drawing the attention of this Court to the guidelines issued by the State Health Committee, Bihar, as contained in Memo No. 956 dated 22.05.2020, has submitted that under Clause 6 thereof, in case any irregularity in the selection process is noticed, an aggrieved party has an appropriate remedy to approach the Civil Surgeoncum-Member Secretary, District Health Society, preferably within a period of 30 days. However, from the record it appears that the petitioner has not approached before the concerned authorities and moreover the appointment of the respondent no. 8 took place long back in the year 2023, vide Memo No. BPMU-12 dated 01.12.2023.

¶25

Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the specific remedy available to the petitioner under the guidelines referred hereinabove, this Court does not find any reason or occasion to entertain the present writ petition.

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Patna High Court CWJC No.10932 of 2026 dt.27-07-2026 3/3

¶27

The petitioner shall be at liberty to approach before the Civil Surgeon-cum-Member Secretary, District Health Society, West Champaran, Bettiah along with an application for condonation of delay. In case such an application is filed preferably within a period of four weeks from today, the same shall be considered sympathetically, if the concerned respondent finds merit in the stand of the petitioner, and pass necessary order in accordance with law, observing the principle of natural justice.

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The writ petition stands disposed.

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(Harish Kumar, J)

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Anjani/-

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AFR/NAFR CAV DATE 28.07.2026 Uploading Date Transmission Date

Punam Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Punam Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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