IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14013 of 2008 Shanti Kumari W/o Davendra Kumar, resident of village- Badopur, P.S. Rafiganj, District- Aurangabad .. Petitioner Versus 1. The State Of Bihar 2. The Secretary Human Resources Development Department, Government of Bihar, Patna 3. The Director Social and Welfare Department, State of Bihar, Patna 4. The Secretary Primary and Adult Education, Government of Bihar, Patna 5. The District Magistrate, Aurangabad 6. The Block Development Officer, Rafiganj, Aurangabad 7. The Child Development Project Officer, Rafiganj, Aurangabad 8. The District Welfare Officer, Aurangabad 9. Deepa Kumari, wife of Binod Prasad, resident of village- Badopur, P.S. Rafiganj, District- Aurangabad ….. … Respondents ---------------------------------- For the Petitioner :M/s Ramakant Sharma, Sr. Advocate & Mukesh Kumar, Advocate For the State :Mr. S.B.N.Singh, A.C. to G.P.-6 For Respondent no.9 :Mr. Arun Kumar Sinha, Advocate 04/ 09.08.2011 Heard learned counsel for the petitioner, the State and the counsel for the Private Respondent no.9. 2. Petitioner is aggrieved by the order dated 22/25.8.2008, Annexure-1 passed by the District Magistrate, Aurangabad in Anganwari Sewika Case No. 63 of 2008 ( Deepa Kumar Vrs. Shanti Kumari & Others) whereunder appointment of the petitioner as 2 Anganwari Sewika has been cancelled on the ground that she is the daughter of the village in which Anganwari Centre is situate. 3. It is submitted on behalf of the petitioner that true it is that petitioner is the daughter of the village where Anganwari Centre is situate but after her marriage, she is residing with her husband in her parental home in the same village in which Anganwari Centre is situate. In support of the fact that petitioner is residing at her parental home, petitioner has not only produced the residency certificate granted by the Circle Officer but also Voter List, Voter Identity Card, both of herself and her husband, Ration Card and the Electricity Bill which cleary state that petitioner and her husband are residing in the same village Badopur in which Anganwari Centre is located. In this connection, petitioner has also relied on the order of the Director, ICDS bearing letter No. 2837 dated 21.09.2007, Annexure-7 whereunder instructions were given to the District Magistrate, East Champaran to even consider the case of the daughter of the village who is 3 permanently residing in the parental village in which Anganwari Centre is located. The District Magistrate, Aurangabad while passing the impugned order has recorded a finding that petitioner being the daughter of the village cannot be considered for appointment as Anganwari Sewika in her parental village, as such appointment is prohibited in terms of Rule 3 ( gha ). 4. I have perused Rule 3 (gha) which does not disqualify the daughter of the village from being considered for appointment as Anganwari Sewika in the Anganwari Centre located in her parental village, provided she is residing permanently in her parental village with her husband and there is documentary proof of such fact by means of Voter List, Voter Identify Card, Residency Certificate, Rational Card, Electricity Bill etc. 5. From the order impugned, it appears that petitioner had produced only his residency certificate and not other documents to support her contention that she is permanently residing in her parental village, Badopur. 6. The impugned order having proceeded 4 only on the basis that petitioner is not qualified for appointment as Anganwari Sewika in the Anganwari Centre, Badopur, as she is daughter of the village, appears to be vitiated for the reason that there is no such prohibition in the rules for not considering the case of the daughter of the village for appointment as Anganwari Sewika, provided she has documentary evidence to support her contention that she is permanently residing in the same village. 7. Accordingly, the impugned order dated 22/25.8.2008, Annexure-1 is set aside and both petitioner and Respondent no.9 are directed to appear before the Collector, Aurangabad along with a copy of this order whereafter the Collector, Aurangabad will ask the petitioner to produce the documents required under the rules to prove her contention that she is permanently residing in village Badopur in her parental home even after her marriage by means of documents like Residency Certificate, Ration Card, Electricity Bill, Voter List, Voter Identity Card etc. and pass appropriate orders in accordance with law after hearing both the parties as also after giving 5 opportunity to Respondent no.9 to disprove the documents placed by the petitioner. Appropriate order shall be passed in the matter as early as possible in any case within reasonable time from the date of appearance of the parties. 8. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)