Maya Kumari vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.803 of 2025
In
Civil Writ Jurisdiction Case No.1445 of 2021
CNR No. BRHC010828672025
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Maya Kumari wife of Gopal Bind, resident of village-Bajaraha, Police
Station-Kudra, District- Kaimur (Bhabhua).
... ... Appellant/s
Versus
1. The State of Bihar through Principal Secretary, Social and Welfare
Department, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Kaimur, (Bhabhua).
3. The District Programme Officer (I.C.D.S), Kaimur, (Bhabhua).
4. The Child Development Programme officer, Kudra, District-Kaimur
(Bhabhua).
5. Rukamani Kumari wife of Sanoj Bind, resident of village-Bajaraha Ward
No.9, P.O-Dagari, police Station-Kaimur, District-Kaimur (Bhabhua), Pin
No. 821109.
6. Shyam Bihari Bind son of Late Sagina Bind, resident of Mahatma Gandhi
Kashi Vidyapith, Varanasi (Uttar Pradesh).
7. Bachan Chaturvedi son of not known, Notary Public, Sub Divisional Court,
Mohania, PO and PS-Mohania, District- Kaimur (Bhabua).
8. Nagendra Prasad son of not known, Advocate, Sub Divisional Court,
Mohania, PO and PS- Mohania, District- Kaimur (Bhabua)
9. The Secretary, Legal Department, Govt. of Bihar, Notary Public, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Surendra Kumar Choubey, Advoate
For the Respondent/s : Mr. Abhinav Mishra, GA-6
Mr. Vatsal Vishal, AC to GA-6
Ms. Archisha Singh, Advocate
Mr. Priyanshu Singh, Advocate
Mr. Ishan Bramhbhatt, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 14-10-2026
Re: I.A. No. 01 of 2025.
This is an application seeking condonation of delay of
3 days in filing the appeal.
2. For the reasons stated in the application and the
learned counsel for the respondents do not seriously contest the
contents of the application, the delay of 3 days in filing of the
appeal is condoned.
3. The Interlocutory Application No. 01 of 2025 is
disposed of.
Re: L.P.A No. 803 of 2025
4. This appeal lays a challenge to an order dated
01.07.2025 passed by the learned Single Judge in CWJC No.
1445 of 2021, whereby the learned Single Judge has dismissed
the writ petition filed by the appellant herein who was aggrieved
with an order dated 12.03.2020 passed in Anganwadi Appeal
No. 16/2019 which was preferred against an order dated
25.01.2019 passed in Appeal Case No. 70 of 2018 by the
District Programme Officer (I.C.D.S), Kaimur, whereby the
District Programme Officer has terminated the services of the
petitioner from her post of Anganbari Sevika, Anganbari Center,
Bajaraha, Ward No. 9.
5. The learned Single Judge, while dismissing the

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petition, has noted the contention of the appellant by concluding
in paragraph no. 8 of the impugned order as under:
“8. Having considered the
submissions set forth by the learned Advocate
for the respective parties and taking note of
Clause (6) of Anganbari Guidelines, 2016, this
Court, prima facie, finds substance in the
submissions by the learned Advocate for the
respondents that the disqualification is
absolute and unqualified, without any
condition; which came to be amended and
modified in the year 2018, hence, it would not
be applicable in the present case. All the more,
pursuant to the direction of the District
Magistrate, in Anganbari Revision Case
No.6/2020, fresh selection is to be carried out.”
6. The submission of learned counsel for the appellant
is primarily a reiteration of what has been urged before the
learned Single Judge, inasmuch as the appellant and her
husband have separated from her father-in-law and to that
extent, there is no jointness in the family or dependence on the
income of the father-in-law, and as such she was rightly
appointed as an Anganbari Sevika. There is no dispute that the
selection pertains to the year 2017 and as such, the guidelines of
2016 shall be applicable in the case in hand. This we say so
because we have been informed that fresh guidelines have been
issued in 2018 and we are also informed that the bar which is
applicable in terms of guidelines of 2016 has been removed in

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the guidelines of 2018.
7. The submission of learned counsel for the
respondents is that since the eligibility for being appointed as an
Anganbari Sevika has to be seen from the perspective of the
guidelines of 2016, at least in the facts of this case as the
selection had happened in the year 2017.
8. If that be so, taking the peculiar facts of this case
and the conclusion drawn by the learned Single Judge in
paragraph no. 8 of the impugned order which we have
reproduced above, we are of the view that the present appeal is
devoid of merit and we, accordingly, dismiss the same. No
costs.

(V. Kameswar Rao, CJ)
(Partha Sarthy, J)
shailendra/shiv
AFR/NAFR
CAV DATE N/A
Uploading Date 18.10.2026
Transmission Date N/A