Rubi Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rubi Devi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ petition was dismissed without adjudicating the merits of the impugned order or the claim to appointment as Anganwari Sevika.

Issue for consideration

Whether the writ petition challenging the Divisional Commissioner, Darbhanga's order dated 01/08/2025 in Aanganbari Appeal Case No. 12/2024 should be entertained, given the petitioner's earlier writs (CWJC No. 13751 of 2019 and CWJC No. 5557 of 2024, the latter dismissed as not pressed with liberty to pursue alternative remedies including a civil suit, which liberty was not availed).

Court's answer

Judicial discipline was not followed: despite the order dated 18.04.2024 in CWJC No. 5557 of 2024 (dismissed as not pressed with liberty to seek alternative remedies, including a civil suit), the petitioner approached the Divisional Commissioner instead; therefore this Court is not inclined to pass any order, and the present writ petition is dismissed.

Ratio / Principle

Finding of fact underpinning the dismissal: in spite of the observation to file a civil suit before the learned Civil Court of competent jurisdiction, the petitioner did not do so, but instead approached the Divisional Commissioner, Darbhanga Division, who passed the impugned order in Aanganbari Appeal Case No. 12 of 2024.

Detailed headnote1 paragraphs

Rubi Devi v. The State of Bihar & Ors. (Patna High Court, Dr. Anshuman, J., order dated 04-05-2026, Civil Writ Jurisdiction Case No.6761 of 2026) - The petitioner, contesting appointment as Anganwari Sevika of Centre No. 334, Ward No. 1, Panchayat Behta, Block Benipatti (Madhubani) against respondent Geeta Jha, sought (i) setting aside of the Divisional Commissioner, Darbhanga's order dated 01/08/2025 in Aanganbari Appeal Case No. 12/2024, whereby her application - moved in compliance with the High Court's order dated 18/04/2024 in CWJC No. 5557/2024 - was dropped on a lack-of-jurisdiction ground with advice to approach the Civil Court; (ii) quashing of the Collector, Madhubani's order dated 11.12.2023 in Anganwari Appeal Case No. 21 of 2020-21; and (iii) restoration of the DPO Madhubani's order in Misc. Case No. 7/2019 (Memo No. 256 dated 15.05.2020) passed under Clause 12 of the Departmental Guidelines (Letter No. 2222 dated 25.05.2018) setting aside Geeta Jha's selection and directing the petitioner's appointment as Sevika, together with consequential benefits. The State objected that the petitioner had earlier filed CWJC No. 13751 of 2019 (disposed 11.07.2019 with liberty to appeal) and CWJC No. 5557 of 2024, dismissed as not pressed on 18.04.2024 with liberty to avail alternative remedies including a civil suit, leaving no scope to obtain a fresh order from the Divisional Commissioner. Holding that judicial discipline had not been followed, the Court declined to pass any order and dismissed the writ petition. No merits finding was made on the Sevika selection dispute; no relief was granted and no monetary quantum arises.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6761 of 2026

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

Rubi Devi W/o Late Sanjay Nath Chaudhary, R/o village- Erazi Jagat, P.S.Benipatti, District- Madhubani.

... ... Petitioner/s

Versus

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

The Director, Integrated Child Development Scheme Directorate, Social Welfare Department, Government of Bihar, Patna.

The Commissioner, Darbhanga Division, Darbhanga.

The Collector- cum- District Magistrate, Madhubani.

The District Programme Officer, Madhubani.

The Child Development Project Officer, Benipatti, Madhubani.

The Lady Supervisor, Benipatti, Madhubani.

Geeta Jha, W/o Late Brajesh Jha, R/o village- Jagat, P.S.- Benipatti, DistrictMadhubani.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Pandit, Advocate For the Respondent/s : Mr. Standing Counsel (18) ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 04-05-2026

Heard learned counsel for the petitioner and learned

counsel for the State.

Learned counsel for the petitioner submits that the

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

“I. For setting aside the order dated 01/08/2025 (Annexure-P/14) passed in Aanganbari Appeal Case No. 12/2024 by the Divisional Commissioner, Darbhanga whereby and where under application filed by petitioner in compliance with the order of

Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026 2/5

Hon'ble Court dated 18/04/2024 passed in CWJC No.5557/2024 filed for setting aside the order dated 11/12/2023 passed in Anganbari Appeal Case No.21/2020-21 by the Collector, Madhubani has been dropped on lack of jurisdictional ground in cryptic manner with advice to the petitioner to move before the competent Civil Court for redressal of grievance.

II. For quashing the order dated 11.12.2023 (Annexure-P/11) passed by the District Collector. Madhubani in Anganwari Appeal Case No. 21 of 2020-21 by setting aside the order passed by the District Programme Officer, Madhubani in Miscellaneous Case No. 7/2019 as contained in Memo No. 256 dated 15.05.2020 whereby and where under the District Programme Officer, Madhubani has been pleased to set aside the selection of the newly selected Sewika namely Geeta Jha (Respondent No. 8) of Ward No. 1, Panchayat Behta, Centre No. 334, Block Benipatti directing the appointment of the petitioner of Ward No. 1, Panchayat Behta, Block Benipatti, Centre No. 334 as Sevika finding her name in merit list at serial no. 1 (after refusal of the candidate whose name was placed at serial no. 1) in view of powers vested with him in Clause 12 of the Guidelines issued by the

Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026 3/5

Department as contained in Letter No. 2222 dated 25.05.2018 (Annexure P/2 Series).

III. For a direction to the respondents to appoint the petitioner as Anganwari Sewika, Ward No. 1, Panchayat Behta, Centre No. 334, Block Benipatti and to pay the consequential benefits of the post.

IV. For issuance of any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of the case.”

Learned counsel for the State raised a preliminary objection and submits that the petitioner has moved before this Hon’ble Court twice earlier. Firstly, in CWJC No. 13751 of 2019 (Rubi Devi Vs. The State of Bihar & Ors.), which was disposed of vide order dated 11.07.2019 granting liberty to the petitioner to avail the remedy of appeal. Counsel further submits that thereafter an appeal was preferred, however, subsequently, the petitioner again moved before this Court in CWJC No. 5557 of 2024 (Rubi Devi Vs. The State of Bihar & Ors.), wherein, by order dated 18.04.2024, liberty was granted to avail such other alternative remedies as are available under law, including filing a civil suit before the learned Civil Court of competent jurisdiction. With this liberty, the writ petition was dismissed as not pressed.

Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026 4/5

Counsel further submits that, in that view, the petitioner had no scope to move again before the Divisional Commissioner, Darbhanga Division, and obtain any order, which is impugned herein, in Aanganbari Appeal Case No. 12 of 2024.

After going through the aforementioned orders, particularly the order dated 18.04.2024 passed in CWJC No. 5557 of 2024 (Rubi Devi Vs. The State of Bihar & Ors.), which was dismissed as not pressed with the following observation:-

“2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction. Liberty, so sought, is granted.

3. The writ petition stands dismissed as not pressed.”

The petitioner, in spite of the observation to file a civil suit before the learned Civil Court of competent jurisdiction, did not do so, but instead approached the Divisional Commissioner, Darbhanga Division, who passed the order in

Patna High Court CWJC No.6761 of 2026(2) dt.04-05-2026 5/5

Aanganbari Appeal Case No. 12 of 2024, which is impugned herein.

It transpires to this Court that judicial discipline has not been followed. As such, this Court is not inclined to pass any order. Accordingly, the present writ petition stands dismissed.

(Dr. Anshuman, J.)

Aman Kumar/-

U

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 01/08/2025 (Annexure-P/14) passed by the Divisional Commissioner, Darbhanga in Aanganbari Appeal Case No. 12/2024, whereby the petitioner's application (moved in compliance with the High Court's order dated 18/04/2024 in CWJC No. 5557/2024 seeking to set aside the Collector's order dated 11/12/2023 in Anganbari Appeal Case No. 21/2020-21) was dropped on a lack-of-jurisdiction ground, with advice to move before the competent Civil Court.¶22
Divisional Commissioner, Darbhanga · 01/08/2025
Prior proceeding
Petitioner's earlier writ, CWJC No. 13751 of 2019 (Rubi Devi Vs. The State of Bihar & Ors.), disposed of vide order dated 11.07.2019 granting liberty to the petitioner to avail the remedy of appeal.¶30
Prior proceeding
An appeal was thereafter preferred following the 11.07.2019 order.¶30
Prior proceeding
Order of the District Programme Officer, Madhubani in Miscellaneous Case No. 7/2019 (Memo No. 256 dated 15.05.2020), exercising power under Clause 12 of the Departmental Guidelines (Letter No. 2222 dated 25.05.2018), set aside the selection of newly selected Sewika Geeta Jha (Respondent No. 8) of Ward No. 1, Panchayat Behta, Centre No. 334, Block Benipatti and directed appointment of the petitioner as Sevika (merit list serial no. 1, after refusal of the serial no. 1 candidate).¶25
Prior proceeding
Anganwari Appeal Case No. 21 of 2020-21 before the District Collector, Madhubani; the Collector's order dated 11.12.2023 (Annexure-P/11) is sought to be quashed in prayer II of the present writ, the prayer describing it as passed in relation to setting aside of the DPO's order in Misc. Case No. 7/2019.¶25
Prior proceeding
Second writ, CWJC No. 5557 of 2024 (Rubi Devi Vs. The State of Bihar & Ors.): by order dated 18.04.2024, counsel sought not to press the writ and liberty was granted to avail other alternative remedies under law, including filing a civil suit before the learned Civil Court of competent jurisdiction.¶30
Prior proceeding
CWJC No. 5557 of 2024 stood dismissed as not pressed (quoted order text).¶35
Prior proceeding
Instead of availing the liberty to file a civil suit, the petitioner approached the Divisional Commissioner, Darbhanga Division, who passed the impugned order in Aanganbari Appeal Case No. 12 of 2024.¶36