IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1651 of 2005 Hiramani Kumari, Wife of Panna Lal Sah, Resident of Village Kharaita, P.S. Chautham, Distt. Khagaria. ------- Petitioner Versus 1. The State of Bihar through Director, Social Welfare, Government of Bihar, New Secretariat, Patna. 2. Director, Social Welfare, Government of Bihar, New Secretariat, Patna. 3. Deputy Director (Welfare), Munger Division, Munger. 4. District Welfare Officer, Khagaria. 5. Child Development Officer, Chauttam, Khagaria. 6. Archana Kumari, wife of Kailash Singh, Resident of Village Khagaria, P.S. Chauttam, Distt. Khagaria. -------- Respondents ----------- 5 12.11.2009 Heard counsel for the petitioner and counsel for the private respondent no.6 as also counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1(a) For quashing the order dated 28.6.2003, contained in Memo No. 120, issued under the signature of Child Development Project Officer, Khagaria (Respondent No.5) by which Respondent No.6 has been appointed as “Aganwari Sewika” for Kharaita Mushari, Aganwari Centre, in complete violation of rules/procedure of Government framed for appointment of “Aganwari Sewika”. (b) That the petitioner also prays for quashing of resolution dated 13.3.2003 of village Rajtudhi Panchayat, by which it has been decided that the Respondent No.6, 2 be appointed as “Aganwari Sevika” for Kharaita Mushari Aganwari Centre.” With reference to the aforementioned prayer, learned counsel for the petitioner would submit that the petitioner ought to have availed the remedy by filing a representation before the Collector of the district instead of filing this writ application as all these issues of fact could have been adjudicated by the concerned authority. Counsel for the State as also counsel for the private respondent, on the other hand, have no objection if the petitioner now files a representation before the Collector of the district and raises issues of her eligibility vis-à-vis infirmities in the selection/appointment of the private respondent no.6. In that view of the matter, as Circular of the State Government itself prescribes the internal remedy in the matter of selection/appointment on the post of Anganbari Sewika by moving the Collector of the district, in the first instance, this Court would dispose of this writ application with a 3 liberty to the petitioner to file a fresh representation before the Collector of the district along with a copy of this order wherein she may explain all the grievances that she has either in respect of her appointment or infirmity in the selection/appointment of the respondent no.6 and upon receipt of such representation along with a copy of this order, the Collector of the district would pass a reasoned order after extending opportunity of hearing to the petitioner, private respondent no.6 as also representative of the Gram sabha. It is, however, made cleat that such an exercise must be concluded within a period of six months from the date of receipt/production of a copy of this order along with a fresh representation of the petitioner. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)