Reena Kumari @ Rina Kumari vs The State Of Bihar & Ors.

Heard Md. Naushad Uzzoha, learned Advocate for the petitioner and Mr. Rajesh Roy, learned Advocate for the State.

The petitioner is aggrieved by an order dated 04.12.2025 passed in Anganwadi Appeal No. 64/2023-2024 by the Collector, whereby and whereunder the appeal preferred by the petitioner came to be dismissed and the order of the District Program Officer, ICDS, East Champaran at Motihari, dated 08.02.2024, stood affirmed. The aforesaid order of the District Program Officer has also been questioned in this case.

Learned Advocate for the petitioner submitted that despite various discrepancies and the respondent no. 8 having no eligibility for appointment against the post of Anganwadi Sevika, she has been appointed, and the challenge led by the petitioner before the authorities have been turned down without any justifiable reason.

At the outset, learned Advocate for the State raised a preliminary objection that with regard to the maintainability of the writ petition, with the submission that the learned Division Bench of this Court in the case of Ram Dulari Devi Vs. The State of Bihar & Ors., in LPA No. 695 of 2023, having taken note of the Hon'ble Apex Court’s decision in State of Karnataka & Ors. Vs. Ameerbi & Ors., (2007) 11 SCC 681, has been pleased to hold that such writ petition is not maintainable as the dispute pertains to engagement under a government scheme and does not involve violation of any statutory provision or enforceable legal right.

Having considered the submissions advanced and going through the decisions referred hereinabove, rendered by the learned Division Bench of this Court, this Court does not find the present writ petition is maintainable, and the same stands dismissed.

However, the petitioner shall be at liberty to approach before the competent authority or forum, in accordance with law.