In a significant order, the Patna High Court has dismissed a plea by Malvika Kumari, an Anganwadi Sevika aspirant from Begusarai district, who challenged her removal from service over a disputed residency claim. The court, presided over by Justice Partha Sarthy, upheld the findings of the Divisional Commissioner, Munger, who earlier ruled that the petitioner was not a genuine resident of the designated service area (poshak kshetra).
The judgment was pronounced orally on October 7, 2025, underlining that residence within the service area remains a "mandatory condition" for appointment as an Anganwadi Sevika.
Background
The case dates back to 2010 when the Social Welfare Department invited applications for the post of Anganwadi Sevika at the newly established Shyampur Anganwadi Centre in Malpur Panchayat, Begusarai.
Malvika Kumari, whose name appeared first in the merit list, was initially selected over another candidate, Babita Kumari, who ranked third.
However, the selection sparked a dispute when questions arose over Malvika’s actual residence. The authorities later found that her house was situated outside the notified service area of the Shyampur centre. Consequently, she was removed from her post through an order dated 25 July 2012, following an inquiry by the District Programme Officer.
Malvika challenged the decision before the District Magistrate, who briefly restored her appointment, but that order was overturned on appeal by the Divisional Commissioner, Munger, in July 2012. The present writ petition sought to quash that appellate order.
Court's Observations
During the hearing, Senior Advocate Shivendra Kishore argued that Malvika was indeed a permanent resident of Shyampur and presented voter lists and certificates from the Block Development Officer to back her claim. He maintained that her removal was based on "misinterpretation" and "local bias."
However, the State’s counsel, Mr. Raghwanand (GA-11), countered by stressing that official inquiry reports clearly showed the petitioner’s residence fell outside the service area.
Justice Sarthy took note of multiple inquiries - including those by the Rajasva Karmchari, Circle Inspector, and the Block Development Officer (BDO), Chaurahi - which confirmed that Malvika's family owned two houses on opposite sides of the village road. While her husband, Mahesh Prasad Singh, lived in a khaprail (thatched) house located north of the road, the newly constructed pucca house to the south was found to belong to her brothers-in-law.
The court observed that Malvika and her husband "shifted temporarily into the house" south of the road to create an impression of residence within the poshak kshetra - a requirement for selection.
"The Block Development Officer, after personal inspection, found that the petitioner’s actual residence was beyond the service area. There is no reason to disbelieve the official findings," the bench observed.
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Decision
Concluding that the inquiry reports were detailed and consistent, the court held that there was "no error" in the Divisional Commissioner’s order of 10 July 2012.
"The court finds no merit in the petitioner’s plea," Justice Partha Sarthy said, adding that the Divisional Commissioner’s reasoning was "in accordance with facts and law."
Accordingly, the writ petition (CWJC No. 17083 of 2012) was dismissed.
With this, the dispute that had lingered for over a decade between two local women over the coveted Anganwadi Sevika post at Shyampur finally came to a legal close.
Case Title:- Malvika Kumari vs The State of Bihar & Others
Case Number: Civil Writ Jurisdiction Case No. 17083 of 2012
Judgment Date: 07 October 2025
Petitioner's Counsel:
- Mr. Shivendra Kishore, Senior Advocate
- Ms. Prisu Snehil, Advocate
Counsel for the State (Respondents):
- Mr. Raghwanand, Government Advocate-11 (GA-11)
- Mr. Shyameshwar Kumar Singh, Advocate
