IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5673 of 2005 1. TANUJA KUMARI, wife of Sri Sunil Kumar Mandal, Resident of Village Fatahpur, P. S. Nath Nagar, District- Bhagalpur. 2. Punam Kumari, wife of Ranjit Prasad Mandal, Resident of Village Fatahpur, P.S. Nath Nagar, District- Bhagalpur. 3. Rita Devi, wife of Sanjay Kumar Rai, Resident of Village Fatahpur, P. S. Nath Nagar, District Bhagalpur. 4. Rajmani Devi, wife of Dhananjay Kumar, Resident of Village Bhualpur, P.S. Nath Nagar, District- Bhagalpur. …. Petitioners. Versus 1. THE STATE OF BIHAR 2. The Secretary, Social Welfare Department, Government of Bihar, Patna. 3. The Director, Social Welfare Department, Government of Bihar, Patna. 4. The District Magistrate, Bhagalpur, District- Bhagalpur. 5. The District Programme Officer, Bhagalpur, District Bhagalpur. 6. The District Welfare Officer, Bhagalpur, District- Bhagalpur. 7. The Deputy Development Commissioner, Bhagalpur, District Bhagalpur. 8. The Child Development Project Officer, Nath Nagar, District- Bhagalpur. 9. The Mukhiya, Gram Panchayat Raj, Bhualpur, P.S. Nath Nagar, District- Bhagalpur. …. Respondents Ist Set. 10. Shashi Kiran Devi,wife of Tej Narain Mandal, 11. Meena Devi, wife of Sri Prabhas Kumar Mandal, 12. Rina Kumari, wife of Sri Rajiv Kumar DAs, 13. Birchhi Devi, wife of Sri Ashok Paswan, 14. Chandrika Kumari, wife of Sri Vijay Kumar Mandal, 15. Babita Kumari, wife of Sri Mithilesh Kumar Das. Respondent Nos. 10 to 15 are resident of village- Fatahpur, P.S. Nath Nagar, District Bhagalpur. 16. Rinku Devi, wife of Sri Jarmani Harizan, 17. Kavita Das, wife of Sri Mahesh Das, Respondent nos. 16 and 17 are resident of village- Bhualpur, P. S. Nath Nagar, District Bhagalpur. …. Respondent 2nd Set. ----------- 5. 13.11.2009. Heard counsel for the petitioners, counsel for the State as also counsel for private respondent nos.9 and 10 to 17. The prayer made in this writ application of the petitioners reads as follows:- i) For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the respondent 1st Set to produce - 2 - the proceedings of the Selection Committee in which the respondent 2nd Set were selected for appointed as Anganwari Sevika/ Sahayika and subsequent letter of their appointment, pursuant to their selection and on production, the same may be quashed by issuance of an appropriate writ in the nature of certiorari. (ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent Ist set for selection and appointment of the writ petitioners on the post of Aanganbari Sevika of Ambedkar Chaupal (West Tola), Bhagwati Asthan and Ambedkar Chaupal (East Tola) Centre of the village Fatehpur under Bhualpur Gram Panchayat on the ground that the petitioners were fulfilling all the criterias for their appointment and they are highly qualified than the respondent nos. 11, 12, and 13 who have been selected and appointed as Aanganbari Sevika of the aforesaid Centre.” With reference to the aforementioned reliefs, Mr. S. B. K. Manglam, learned counsel for the petitioners would submit that not only the private respondents having lesser qualification and being not eligible in terms of criteria laid down by the State Government in the circular for appointment on the post of Anganbari Sewika were selected and appointed but also when the matter was raised by the petitioners before the Collector of the District by filing representations, no action - 3 - was taken thereon by the concerned authorities. Counsel appearing for the official respondents has not filed counter affidavit despite expiry of a period of four years. Counsel for the private respondents have also not filed any counter- affidavit and in such a situation it would be difficult for a writ court to decide a pure question of fact. Nonetheless as the petitioners claiming themselves to be eligible for selection and appointment on the post of Anganbari Sewika had raised their grievance by filing representation before the competent authority immediately after selection and appointment of the private respondents, this Court would direct the Collector of the District to examine the immediate grievance of the petitioners. The petitioners, if so advised, may file individual representations confining it to their specific case and thereafter the Collector of the District having heard the petitioners as also private respondents would take an appropriate decision by passing a reasoned order within a period of six months from the date of receipt/production of a copy of this order. - 4 - With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)