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

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

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to challenge the order dated 10.02.2025 before the Appellate Authority within 30 days, with any delay in filing the appeal condoned if filed within that period; other aggrieved persons to be noticed before a final appellate order within 90 days counted from the appearance of all concerned.

Issue for consideration

Whether the order dated 10.02.2025 of the District Programme Officer, I.C.D.S. Samastipur cancelling the petitioner's selection/appointment as Anganwadi Sahayika at Sahayika Centre No.100, Dalsing Sarai ought to be set aside and the petitioner selected/appointed to the post (reliefs (a) and (b) of the writ petition). +1 more

Ratio / Principle

In view of the preliminary objection that the order under challenge is appealable, the writ petition stands disposed of, granting liberty to the petitioner to challenge the said order before the Appellate Authority within 30 days.

Key takeaways

Any delay in filing the appeal is condoned if the appeal is filed within 30 days.ratio¶28
If any other person is also aggrieved by the said order, such person shall also be noticed, and only thereafter shall a final order be passed within 90 days.ratio¶29
The said period of 90 days shall be counted from the date of appearance of all concerned.ratio

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Civil Writ Jurisdiction Case No.9077 of 2025, decided 05-05-2026: Lakshmi Devi challenged the order dated 10.02.2025 of the District Programme Officer, I.C.D.S. Samastipur whereby her selection/appointment as Anganwadi Sahayika at Sahayika Centre No.100, Dalsing Sarai was cancelled and the Child Development Project Officer was directed to complete the selection process, and sought mandamus for her appointment. On the State's preliminary objection that the order under challenge is appealable, the Court disposed of the writ petition with liberty to the petitioner to approach the Appellate Authority within 30 days, condoned any delay in filing the appeal if filed within that period, and directed that any other aggrieved person shall also be noticed before a final order is passed within 90 days, counted from the date of appearance of all concerned.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9077 of 2025

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

Lakshmi Devi Wife of Ganga Prasad Sah, Resident of Village- Ajnoul Dih, P.S- Dalsing Sarai, District- Samastipur.

... ... Petitioner/s

Versus

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

The Secretary Integrated Child Development Service (I.C.D.S.) Bihar, Patna.

The Commissioner, Darbhanga Division, Darbhanga.

The District Magistrate cum Collector, Samastipur.

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

The Child Development Project Officer, Dalsing Sarai, District- Samastipur.

The Block Development Officer, Dalsing Sarai, District- Samastipur.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate For the Respondent/s : Mr. Government Pleader (6) ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 05-05-2026

Heard learned counsel for the petitioner and learned

counsel for the State.

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

“(a) For issuance of appropriate writ, order or direction to set aside the order dated 10.02.2025 passed by District Programme Officer, I.C.D.S. Samastipur whereby the selection/appointment of the petitioner on the post of Anganwadi Sahayika at Sahayika Centre no.100 Dalsing

Patna High Court CWJC No.9077 of 2025(2) dt.05-05-2026 2/3

Sarai was cancelled and directed the Child Development Project Officer, Dalsing Sarai to ensure the completion of selection process for the post of Sahayika at the said Sahayika Centre No.100.

(b) For issuance of writ in the nature of mandamus directing the Respondents to select/appoint the petitioner at Sahayika Centre No.100, Dalsing Sarai.

(c) For issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.”

Learned counsel for the State raises a preliminary objection and submits that the order under challenge is appealable.

As such, the present writ petition stands disposed of, granting liberty to the petitioner to challenge the said order before the Appellate Authority within 30 days from today.

It is made clear that the delay, if any, in filing the appeal is hereby condoned if filed within 30 days.

It is further made clear that if any other person is also aggrieved by the said order, then such person shall also be noticed, and only thereafter shall a final order be passed within 90 days from the date of production of the order.

Patna High Court CWJC No.9077 of 2025(2) dt.05-05-2026 3/3

It is also made clear that the said 90 days shall be

counted from the date of appearance of all concerned.

(Dr. Anshuman, J.)

Aman Kumar/-

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