IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18699 of 2011 Pushpa Devi W/O Akhilesh Rai, resident of village- Affour, P.S. Nagara, District- Saran ………………………………Petitioner. Versus 1. The State Of Bihar through the Principal Secretary-cum- Commissioner Department of Human Resources Development, Govt. of Bihar, Patna. 2. The Director, Primary Education, Department of Human Resources Development, Govt. of Bihar, Patna. 3. The Commissioner, Saran at Chapra. 4. The District Magistrate, Saran at Chapra. 5. The District Programme Officer, Integrated Child Development Project, Chapra District Saran. 6. The Child Development Project Officer (Incharge), Nagara, Saran. 7. The Panchayat Secretary, Gram Panchayat Raj, Ajore, P.S. Nagara, District- Saran. 8. The Mukhiya Gram Panchayat Raj Ajore, P.S. Nagara, District- Saran. 9. Neena Devi, W/O Sanjay Rai, resident of village- P.S. Nagara, District- Saran………………………………. Respondents. ---------------------------------- 2 21.10.2011 Heard Mrs. Alka Verma for the petitioner and learned S.C. 17 for the respondents no.1 to 6. The petitioner is aggrieved by the order dated 14.3.2011 passed by the District Magistrate, Saran at Chapra by which the private respondent no.9 has been found to be eligible for appointment as Aanganbari Sevika and her selection has been upheld. Learned counsel for the petitioner submits that she was eligible for appointment and even in the selection list she is higher to the private respondent and accordingly, recommendation was made for her for appointment but appointment letter was not issued. She submits that after a long gap she became aware of the fact that the private respondent No.9 had been appointed. This fact was challenged before the authority and on enquiry also it had been found that the contention of the petitioner was valid and justified 2 but she submits that the finding of the said enquiry report was not taken into consideration by the District Magistrate while passing the impugned order dated 14.3.2011. Learned counsel for the State and its functionaries on the other hand submits that the order impugned dated 14.3.2011 can be challenged before the Commissioner, Saran at Chapra as per the remedy available in the guidelines issued. Learned counsel for the petitioner, in that view of the matter, readily agrees to withdraw the present writ petition to enable her to move before the Commissioner, Saran against the order impugned, if so advised. The writ petition is, accordingly, disposed off with liberty to the petitioner to file an appropriate application before the Commissioner, Saran against the order dated 14.3.2011 passed by the District Magistrate. Saran. If such a petition is filed before the Commissioner, Saran within three months from today, he shall consider the same on merits after giving opportunity of hearing to the parties and shall thereafter, pass a reasoned order within a period of three months from the date of production/receipt of copy of this order upon him. It goes without saying that the concerned respondent shall be obliged to consider all the contentions raised by the parties including the relevant provisions of rules relating to appointment of Anganbari Sevikas especially clause 6 sub clause-11 thereof. Sudha (Ahsanuddin Amanullah, J.)