IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6927 of 2005 Nutan Kumari, Wife of Anmol Kumar Yadav, Resident of Village Karuveli, Ward No.14, Panchayat baisadh, Post Office- Yaduapatti, Police Station Kumarkhand, District Madhepura. -------- Petitioner Versus 1. The State of Bihar. 2. The Director, Social Welfare Department, Government of Bihar, Patna. 3. The District Magistrate, Madhepura, District Madhepura. 4. The District Welfare Officer, Madhepura, District Madhepura. 5. The Child Development Project Officer, Kumarkhand, District Madhepura. 6. Sunil Yadav, Son of Upendra Prasad Yadav, the Mukhiya of Panchayat Baisadh, Resident of Village Keruveli, Panchayat Basadh, Post Office- Yaduapatti, Police station Kumarkhand, District Madhepura. 7. Lisha Anand, Wife of Sushil Yadav, Resident of Village Karuveli, Panchayat, Baisadh, Post Office Yaduapatti, Police Station Kumarkhand, District Madhepura. --------- Respondents ----------- 8 13.11.2009 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioners in this writ application reads as follows:- “1. That this is an application for issuance of an appropriate writ in the nature of Mandamus directing to the Respondents to appoint the petitioner as Anganwari Sevika at Harijan Madhya Tola Karuveli Anganwari Centre of Baisadh Panchayat, District-Madhepura and further for a direction to the Respondent No.5 to produce the appointment/selection letter of the Respondent No.7 who has been appointed as the Anganwari Sevika of said Harijan Tola Karuveli Anganwari 2 Centre and to direct them to cancel the appointment/selection of the Respondent No.7 as it has been done in complete violation of the prescribed procedure save and except in accordance with the law.” With reference to the aforementioned relief, the counsel for the petitioner, while assailing the selection and appointment of the private respondent no.7, would submit that not only she was related to Mukhiya (being wife of younger brother of the Mukhiya) but was also inferior in qualification to the petitioner and yet she was selected by way of distinct favour on her part. Counsel for the private respondent no.7 on the other hand would submit that even when the respondent no.7 has not filed counter affidavit, he has specific instruction to submit before this Court that the petitioner also is directly related to the Mukhiya (being aunt of the Mukhiya). It has also been submitted that the petitioner also has seven acres of land and therefore she is disqualified for selection and appointment on the post of Anganwari Sevika. True it is that two relatives of the 3 Mukhiya became rival claimants for the post of Anganwari Sevika but when both of them were not eligible for the post and in fact, disqualified in terms of the Circular of the State Government none of them could have been appointed. In such view of the matter, this Court would set aside the appointment of the respondent no.7 and would also hold the petitioner to be disqualified for the post of Anganwari Sevika. the authority namely the Child Development Project Officer is directed to convene a meeting of Gram Sabha of the Gram Panchayat, Baisadh within a period of one month from the date of receipt/production of a copy of this order wherein the candidature of only eligible persons will be considered as per the latest Government circular and the best amongst them shall be appointed on the said post. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)