Banti Kumari Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

Banti Kumari Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioner: the writ petition was dismissed and pending applications (if any) were disposed of, leaving respondent no.7's reinstatement (letter No. 4659 dated 05.12.2013) and her continuing service as Anganwari Sevika undisturbed.

Issue for consideration

Whether respondent no.7 (Shyama Kumari), contended to be not a permanent resident of Gram Panchayat Raj Maghra and a Government employee's wife, could properly be appointed/retained as Anganwari Sevika in terms of the Anganwari Chayan Margdarshika 2011, so that the petitioner's later selection should prevail over her reinstatement. +1 more

Ratio / Principle

There is no error apparent in the appellate order passed by the Deputy Director, Welfare, Patna Division, Patna (allowing respondent no.7's appeal), and respondent no.7's reinstatement and her subsequent joining of, and working on, the post of Anganwari Sevika need not be interfered with.

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.24582 of 2013 (Patna High Court, Ritesh Kumar, J., oral judgment dated 23-06-2026) - dismissed. Petitioner Banti Kumari, selected as Anganwari Sevika (Ward No.1, Anganwari Centre No.06, Kharjamma Centre, Gram Panchayat Raj Maghra, Nalanda) through a fresh advertisement floated during the pendency of respondent no.7's appeal, sought quashing of the appellate order of the Deputy Director, Welfare, Patna Division, Patna (dated 27.09.2013/19.10.2013; also cited as 19.10.2013 and 26.09.2013/13.10.2013), which allowed Anganwari Appeal No. 35 of 2012, set aside Memo No. 678 dated 21.02.2012 of the District Programme Officer, Nalanda, and reinstated respondent no.7 Shyama Kumari. Shyama Kumari had served at the Centre since 1995; an inspection on 20.01.2012 found her absent (she pleaded illness and treatment at Sadar Hospital, Bihar Sharif), yet her services were terminated despite the explanation. Reinstated by letter No. 4659 dated 05.12.2013, she rejoined on 14.12.2013. The petitioner's objections - respondent no.7's non-residence in the panchayat and the 2011-guidelines bar on wives of Government employees - were urged against the reinstatement. Finding no error apparent in the appellate order and noting respondent no.7's restored continuity of service, the Court declined interference and dismissed the petition; pending applications stood disposed of.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of the Deputy Director, Welfare, Patna Division, Patna allowing Anganwari Appeal No. 35 of 2012 lodged by private respondent no.7 (Shyama Kumari) and setting aside Memo No. 678 dated 21.02.2012 of the District Programme Officer, Nalanda, by which respondent no.7's selection had been dispensed with; the writ petition sought its quashing.¶22
Deputy Director, Welfare, Patna Division, Patna · 27.09.2013/19.10.2013 (also printed as 19.10.2013 and as 26.09.2013/13.10.2013)
Prior proceeding
Respondent no.7 Shyama Kumari was selected as Anganwari Sevika in 1994-95 and appointed in 1995 (office order dated 21.04.1995 directing her to the training programme); she worked at the centre from 1995 and no objection was raised by anyone at the relevant time.¶33
Prior proceeding
An inspection of the Anganwari Centre by the C.D.P.O. (Rural), Bihar Sharif, Nalanda on 20.01.2012 at 01:00 P.M. found respondent no.7 absent from the centre.¶30
Prior proceeding
Explanation was sought from respondent no.7; she explained that on the inspection day she was suffering from vomiting and loose-motion, was under treatment at Sadar Hospital, Bihar Sharif, and had proceeded on leave after leaving a leave application with the Sahayika; being dissatisfied with the explanation, the authorities terminated her services (Memo No. 678 dated 21.02.2012, District Programme Officer, Nalanda).¶30
Prior proceeding
Respondent no.7 immediately filed an appeal before the competent (appellate) authority, numbered Anganwari Appeal Case No. 35 of 2012.¶30
Prior proceeding
During pendency of that appeal the respondent authorities issued a fresh advertisement for selection of an Anganwari Sevika for the Centre in question; petitioner Banti Kumari was successful, placed at serial no.1 in the merit list and was selected.¶37
Prior proceeding
After the Aam Sabha meeting of 21.01.2013 the petitioner was selected as Anganwari Sevika for Ward No.1, Anganwari Centre No.06; appointment letter issued vide Memo No. 117 dated 27.02.2013; she gave joining and started working, and was later removed pursuant to the Deputy Director's appellate order.¶24
Prior proceeding
The appellate authority allowed respondent no.7's appeal (order dated 27.09.2013/19.10.2013); she was reinstated by letter No. 4659 dated 05.12.2013 issued by the District Programme Officer, Nalanda, gave joining on 14.12.2013 and resumed duty as Sevika at Anganwari Centre No. 06.¶30