Anshu Kumari vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15712 of 2026
CNR No. BRHC010988022026
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Anshu Kumari W/O Avneesh Kumar Paswan, resident of village
Babhangama, P.S - Riga, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Bihar, Patna.
2. The Secretary, Health Department, Bihar, Patna.
3. The Executive Director, State Health Society, Bihar, Patna.
4. The Additional Executive Director, State Health Society, Bihar Patna.
5. The District Magistrate Cum Collector, Sitamarhi.
6. The District Community Mobilizer, Sitamarhi.
7. The Block Development Officer, Riga, Sitamarhi.
8. The Chief medical Officer cum Civil Surgeon, Sitamarhi.
9. The In charge Medical Officer, Community Health Centre, Riga.
10. The Mukhiya, Gram Panchayat Raj, Ganeshpur Babhangama, Sitamarhi.
11. Shakunti Kumari, W/O Bablu Paswan, resident of village Babhangama, P.S -
Riga, District- Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Adv.
Mr. Anubhav Vatsa, Adv.
Ms. Ritika Kumari, Adv.
Mr. Sumit Kumar, Adv.
For the State : Mr. Ashok Kumar Choudhary, AAG 11
Mr. Utkarsh Bhushan, AC to AAG 11
For the SHC : Dr. Anand Kumar, Adv.
Ms. Vijeta Kumari, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-10-2026
Heard Mr. Prabhakar Singh, learned advocate for
the petitioner and Mr. Utkarsh Bhushan, learned advocate for
the State, whereas the State Health Society is being

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represented by Dr. Anand Kumar, learned advocate.
2. The challenge in the present writ petition is made
to an order contained in Letter No. 184 dated 11.05.2026,
issued by respondent no. 9, whereby and whereunder private
respondent no. 11 has been selected as an ASHA worker
against Code No. 174 of Ward No. 4, Block Riga, District
Sitamarhi.
3. It is the contention of the petitioner that the
entire selection process is said to have been tinkered by
various irregularities, besides being in violation of the
guidelines issued from time to time for the purposes of
engagement/selection of ASHA workers.
4. Learned advocate for the petitioner, referring to
the materials available on record, submitted that the concerned
Mukhiya of Gram Panchayat Raj Ganeshpur Babhangama,
Sitamarhi, has acted in a most arbitrary manner, at whose
behest the concerned authority initiated a process of selection
for the appointment of four ASHA workers. However,
surprisingly, only three vacant posts were published, and
applications were invited for two posts. A meeting of the Aam
Sabha was held, wherein only one candidate was selected for
Ward No. 4. It is submitted that, despite the fact that the

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petitioner has been working as an ASHA worker in Ward No.
4, her candidature has not been considered, and private
respondent no. 11 has been arbitrarily appointed after
completely disregarding the prescriptions of the guidelines.
The high-handedness of the respondent Mukhiya has been
categorically averred in the writ petition, explaining how he
influenced the In-charge Medical Officer and confined him in
a room, and thereafter secured the appointment of private
respondent no. 11 through wrongful means.
5. On the other hand, learned advocates for the
State and the State Health Society submitted that, since certain
allegations have been levelled against all the stakeholders, the
matter is required to be looked into by the competent authority.
6. Considering the nature of the grievance, as also
the fact that the District Magistrate-cum-Collector, Sitamarhi,
is the competent authority to look into the matter, this Court
deems it fit and proper to dispose of the writ petition with a
direction to the petitioner to approach the District Magistrate,
Sitamarhi, by filing a detailed representation, preferably within
a period of two weeks from today, along with all the necessary
documents and a copy of this order. Upon receipt of the
representation, it is expected that all the stakeholders shall be

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noticed and, upon perusal of the records and hearing the
parties, a final order shall be passed within a further period of
ten weeks.
7. The writ petition stands disposed of.

(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 28.10.2026
Transmission Date