Patna High CourtAdministrative and Public LawCivil Procedure and Evidence

Patna HC Directs ASHA Worker To Take Rival’s Selection Challenge To Collector For A Hearing And Decision Within 10 Weeks of Her Representation

Anshu Kumariv.The State of Bihar

Patna HC Directs ASHA Worker To Take Rival’s Selection Challenge To Collector For A Hearing And Decision Within 10 Weeks of Her Representation. Anshu Kumari vs The State of Bihar. Patna High Court. LawLens
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In brief

The question

Whether the alleged irregularities in the selection of respondent no. 11 as an ASHA worker warranted examination by the competent authority

The court held

The Court disposed of the writ petition and directed the petitioner to approach the District Magistrate, Sitamarhi, with a detailed representation, preferably within two weeks

It also directed

On receiving it, the District Magistrate was expected to notify the stakeholders, examine the records, hear the parties, and pass a final order within a further ten weeks

01Facts

The petitioner challenged Letter No. 184 dated 11 May 2026, by which respondent no. 11 was selected as an ASHA worker for Ward No. 4, Riga, Sitamarhi

p. 2

She alleged irregularities in the selection process, including that her candidature was not considered despite her work as an ASHA worker in the ward, and that the Mukhiya improperly influenced the process

pp. 2–3

The State and State Health Society submitted that the allegations against the stakeholders required examination by the competent authority

p. 3

02Issues

i.Whether the alleged irregularities in the selection of respondent no. 11 as an ASHA worker warranted examination by the competent authority

pp. 2–3

ii.Whether the petitioner should first be directed to pursue an administrative remedy before the District Magistrate-cum-Collector, Sitamarhi

p. 3

03Law Applied

The judgment does not identify or apply any specific statute, regulation, or precedent. It refers generally to guidelines governing the selection or engagement of ASHA workers, without specifying their provisions

pp. 2–3

The Court proceeded on the basis that the District Magistrate-cum-Collector, Sitamarhi, was the competent authority to examine the petitioner’s grievance and could do so after considering the records and hearing the stakeholders

p. 3

04Reasoning

Given the allegations of irregularity and improper influence, and the State’s submission that the matter required inquiry, the Court considered it appropriate for the competent administrative authority to examine the grievance rather than determine the disputed allegations in the writ petition

pp. 2–3

It therefore directed the petitioner to submit a detailed representation with supporting documents and a copy of the order, leaving the merits of the selection dispute for consideration by the District Magistrate

p. 3

05Holding

The Court disposed of the writ petition and directed the petitioner to approach the District Magistrate, Sitamarhi, with a detailed representation, preferably within two weeks

p. 3

On receiving it, the District Magistrate was expected to notify the stakeholders, examine the records, hear the parties, and pass a final order within a further ten weeks

pp. 3–4
Patna High Court

Original Court PDF

Anshu KumarivsThe State of Bihar

Patna High Court · October 27, 2026

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