IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11491 of 2009 MEENA DEVI, WIFE OF SHRI GUNESHWAR PANDIT, RESIDENT OF VILLAGE CHAPARDAH, POLICE STATION AMAS, DISTRICT GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE COMMISSIONER CUM SECRETARY, WELFARE DEPARTMENT, BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA. 4. THE DISTRICT MAGISTRATE, GAYA. 5. THE DISTRICT PROGRAMME OFFICER, GAYA. 6. THE BLOCK DEVELOPMENT OFFICER, AMAS, GAYA. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, AMAS, GAYA. 8. THE MUKHIYA, KALWAN GRAM PANCHAYAT, AMAS, GAYA. 9. THE WOMEN SUPERVISOR, AMAS, GAYA. 10. THE GRAM PANCHAYAT SACHIV, KALWAN GRAM PANCHAYAT, AMAS, GAYA. 11. THE GRAM PANCHAYAT SEVAK, KALWAN GRAM PANCHAYAT, AMAS, GAYA. 12. SMT. RUNA KUMARI, WIFE OF NOT KNOWN TO THE PETITIONER, RESIDENT OF VILLAGE WAJITPUR, POLICE STATION AMAS, DISTRICT GAYA ----RESPONDENTS. ----------- 02. 04.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was applicant for the post of Anganwari Sewika of Chapardah Centre within Kalwan Gram Panchayat in the district of Gaya but ignoring her better claim private respondent no.12, Smt. Runa Kumari was appointed as Anganwari Sewika for the centre in question. Assailing the appointment of Smt. Runa Kumari petitioner approached the District Programme Officer, Gaya, who issued notice to private respondent no.12 as also called for the report from the concerned Child Development Project Officer but it is submitted that ignoring the report of the Child Development Project Officer, impugned order has been passed without even discussing the case of the parties. Petitioner has a remedy of appeal against the order of the District Programme Officer bearing Memo No. 1833 dated 12.12.2008, Annexure-7 but without availing the same this writ application has been filed. 3. In the circumstances, this writ application is disposed of - 2 - with direction to the petitioner to assail the order dated 12.12.2008, Annexure-7 before the District Magistrate, Gaya, who should consider the same in the light of the report called from the Child Development Project Officer concerned as also any other material which the petitioner and the private respondent no.12 chose to furnish before the learned District Magistrate as early as possible, in any case within two months from the date of receipt of the memo of appeal/representation along with a copy of this order. Rajesh/ (V.N.Sinha, J.)