IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11438 of 2008 Chandra Kala Devi @ Chandra Kala Kumari, daughter of Sheo Narayan Yadav, wife of Arvind Kumar, village Pirrahi, Gram Panchayat Meghona, Ward No.6, PS Alauli, district Khagaria – Petitioner. Vs. 1) The State of Bihar through the Home Secretary General, Bihar, Patna. 2) Commissioner cum Secretary, Social Welfare Department, Bihar, Patna. 3) The Director of Social Welfare Department, Bihar, Patna. 4) The Dist. Magistrate, Khagaria. 5) Dist. Welfare Officer, Khagaria. 6) Dy. Dev. Project Officer, Alauli Block, Khagaria. 7) Child Dev. Project Officer, Alauli Block, Dist. Khagaria – Respondents. 3 8.4.2011 The petitioner had earlier come to this court challenging the appointment of Aanganbari Sevika. The case of the petitioner was considered along with several others and disposed of by a common order passed in CWJC No. 460/2004 and analogous cases. This court directed the District Magistrate should examine the procedure for appointment and pass appropriate orders. The petitioner’s case was considered by the District Magistrate, Khagaria who found that the persons appointed as Aanganbari Sevika had lesser marks than the petitioner, and on that ground set aside the appointment of Nilu Kumari and directed that a fresh selection should be made from those candidates who had applied for the post of Aanganbari Sevika. On the next occasion the exercise for appointment of Aanganbari Sevika was repeated and this time one Manju Yadav has been appointed as Aanganbari Sevika. The petitioner has annexed the proceedings relating to appointment made on 31.1.2007. Nilu Kumari has 2 obtained 329 marks in matriculation examination, whereas the petitioner has obtained 383 marks and has also passed the intermediate examination in 2nd Division. Manju Yadav has obtained only 343 marks in the matriculation examination. On the basis of the aforesaid facts it is submitted that the appointment obviously is tainted with mala fide. The proper forum for the petitioner to agitate her grievance would be before the District Magistrate according to the guide lines. I accordingly direct the petitioner to file an application before the District Magistrate, Khagaria within four weeks along with a copy of this order and the District Magistrate should issue notice to the Child Development Project Officer, Alauli as well as Manju Yadav, the incumbent who has been appointed in the freshly conducted transaction. Once there is a valid service of notice on Manju Yadav, the District Magistrate should dispose of the matter within a period of three months thereafter. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)