IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18201 of 2009 1. SURAIYA PRAVEEN W/O MD.JAVED AKHTAR, CENTRE NO. 73, R/O VILL. AND POST- PACHHI, BLOCK MADHEPUR, P.S- MDHEPUR, DISTT- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY SOCIAL WELFARE DEPARTMENT, 2. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA 3. THE DISTRICT MAGISTRATE MADHUBANI 4. THE SUB DIVISIONAL OFFICER, JHANJHARPUR 5. THE CHILD DEVELOPMENT PROJECT OFFICER, MADHEPUR 6. THE DISTRICT WELFARE OFFICER CUM DISTRICT PROGRAMME OFFICER, MADHUBANI 7. THE DISTRICT EDUCATION OFFICER, MADHUBANI 8. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SERVICES, SOCIAL WELFARE DEPARTMENT, BIHAR 9. MUKHIYA VILLAGE PACHHI, BLOCK-MADHEPUR, DISTT- MADHUBANI 10. NUZHAT NOORIE W/O RAJAUR RAHMAN, R/O VILL AND POST- PACHHI, BLOCK- MADHEPUR, P.S- MADHEPUR, DISTT- MADHUBANI 11. THE CIRCLE OFFICER, MADHUBANI ----------- 2. 17.3.2010 Heard learned counsel for the petitioner and the State. The petitioner claims selection and appointment on the post of Anganwari Sewika from which she has subsequently been non-suited on a challenge laid out by respondent no. 10. It need be noted that the matter relates to selection and appointment as Anganwari Sewika involving issues of eligibility as distinct from removal of an Aganwari Sewika on ground of deficiency in service at the ‘Kendra’. A Division Bench of this Court in L.P.A. No. 863 of 2009 has held after interpretation of the earlier circular regulating appointments 2 in 2006, as modified on 25.7.2008 that in issues concerning the latter it is the District Programme Officer who is competent to decide while the former is an important issue which cannot be left to a Subordinate Officer of the rank of the District Programme Officer and has to be necessarily construed by interpretation of the circulars as vested in the District Magistrate a senior functionary. The petitioner has been non-suited from the post on the ground of ineligibility for appointment by the District Magistrate’s order dated 15.3.2008. Appeal shall, therefore, necessarily lie against the same to the Commissioner of the Division. The order dated 10.11.2009 of the Commissioner declining exercise of jurisdiction with reference to the modified regulation dated 25.7.2008 is therefore not sustainable. It is, accordingly, set aside and the matter is remanded to the Court of the Commissioner, Darbhanga Division to dispose off the appeal of the petitioner expeditiously after hearing all concerned, including respondent no. 10, within a maximum period of four months from the date of receipt/production of a copy of this order. The application stands allowed to the extent indicated above. P. Kumar (Navin Sinha, J.)