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2026 DAILYLAW 10774 (JHR)

BABY KUMARI ALIAS BABY DEVI v. THE STATE OF JHARKHAND THROUGH HIS SECRETARY CHILD WOMAN AND FAMILY WELFARE

WPC/5591/2018 · 2026-01-15

Deepak Roshan

body2026

Judgment text

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2026:JHHC:1081 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 5591 of 2018 ----- Baby Kumari @ Baby Devi age-24 years W/o Sanjay Kumar Das R/o Vill-Marhidih, P.O.& P.S. Mohanpur and Dist-Deoghar…Petitioner Versus 1. The State of Jharkhand through his secretary Child Woman and Family Welfare, Project Building, P.O. & P.S. Dhurwa, Dist-Ranchi 2. Deputy Commissioner, Deoghar, P.O&P.S. Deoghar, Dist- Dumka 3. Deputy Development Commissioner, Deoghar, P.O. & P.S. Deoghar, Dist-Dumka 4. Child Development Project Officer (SDPO), Mohanpur P.O. & P.S. Mohanpur & Dist-Deoghar 5. Anita Devi age 25 years w/o Bhola R/o vill Maridih P.O & P.S. Mohanpur and Dist-Deoghar …Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioner(s) : M/s. Onkar Nath Tiwary, Navneet Kumar, Advocates For the Resp.-State : Mr. Vishal Kr. Rai, A.C to G.A.-IV ----- 13/15.01.2026 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the Petitioner praying for a direction upon the Respondent Authority to quash the letter dated 21.08.2018 passed by the Respondent Authority, whereby the 5th Respondent has been appointed as Sevika in Anganbari Centre, Marikdih. 3. The case of the Petitioner is that she applied for the post of Sevika and she belongs to Scheduled Caste category and the village is dominated by Scheduled Caste; as such, the 5th Respondent, who belongs to Backward Class could not have been appointed and her appointment is bad in law. 2026:JHHC:1081 4. Ld. Counsel for the Respondents relying upon its counter affidavit submits that the concerned Anganbari Centre, Marikdih is in the village which is dominated by Other Backward Class and as per the Government Letter, Notification and Rules, the 5th Respondent, who is from the other Backward Class has rightly been appointed on the post of Sevika in the Anganbari Centre, Marikdih. 5. From the record, it appears that a copy of abstract of meeting of Aam Sabha is also annexed. It clearly indicates that the majority of the beneficiaries of Anganbari Centre are from Other Backward Classes and the petitioner, who belongs to a Scheduled Caste category; her appointment was rejected. 6. Looking to the overall facts and circumstances of the case, no relief can be granted to the Petitioner as the appointment of 5th Respondent is just and valid. As a result, the instant writ application stands dismissed. 7. Pending I.A(s) also stands closed. (Deepak Roshan, J.) 15th January, 2026 Jk Uploaded on 20/01/2026