IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7479 of 2009 DAIZY KUMARI, WIFE OF BAIJU YADAV, R/V SATOKHAR(RUPAULI), ANCHAL SINGHESHWAR, P.S. SINGHESHWAR, P.O. KATAIYA AND DISTRICT MADHEPURA-------PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, MADHEPURA. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, MADHEPURA. 4. THE DISTRICT WELFARE OFFICER, MADHEPURA. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, SINGHESHWAR, P.S. SINGHESHWAR AND DISTRICT MADHEPURA. 6. RINA KUMARI, WIFE OF DINESH YADAV, R/V SATOKHAR, P.O. KATAIYA, PS. SINGHESHWAR AND DISTRICT MADHEPURA------RESPONDENTS. ----------- 02. 06.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was earlier appointed as Aanganwari Sewika. Her appointment has been cancelled by the Collector, Madhepura under order dated 11.4.2009 passed in Misc. Case No. 01 of 2009 as contained in Annexure-3 to this application. Order dated 11.4.2009; Annexure-3 has been passed while considering the representation of Rina Devi @ Rina Kumari in terms of the orders of this Court dated 18.8.2008 passed in C.W.J.C. No. 192 of 2008, Anneure-2. 3. It is submitted on behalf of the petitioner that the order of the Collector dated 11.4.2009 is violative of the instructions of the State Government issued for the appointment of Aanganwari Sewika, whereunder only such qualification of the applicants is to be considered, which they are possessing on the date of application and taking into account the qualification of Rina Devi @ Rina Kumari on the date of application, she could not have been recommended for appointment but the Collector under the impugned order has relied even on certificates, which were not available with Rina Devi @ Rina - 2 - Kumari on the date of application and such reliance is absolutely contrary to the instructions of the State Government. 4. Let the petitioner file appeal before the Divisional Commissioner, Madhepura against the order dated 11.4.2009, Annexure-3 raising the aforesaid point and the appeal be considered and disposed of by the Divisional Commissioner, Madhepura in accordance with law, as early as possible, in any case within one month from the date of filing of the appeal by passing a speaking order. Any appointment made in the meanwhile, shall be subject to the result of the appeal. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J)