IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15097 of 2004 PREM LATA RANI, wife of Madan Kumar, resident of Village-Ladugama, P.S. Benipatti, District Madhubani. Versus 1.THE STATE OF BIHAR 2.The District Magistrate, Madhubani. 3.The S.D.O. Benipatti, District Madhubani. 4.The Circle Officer, Benipatti, District Madhubani. 5.The District Welfare Officer, Madhubani. 6.Block Circle Officer, Benipatti, District Madhubani. 7.Mukhiya, Gram Panchayat Raj, Bishunpur, P.S. Benipatti, District Madhubani. 8.Urmila Devi Wife of Anil Kumar Rai, Resident of Village Ladugama P.O. Agai, P.S. Beni Patti, District Madhubani. ----------- 7 9/11/2009 Prayer in this writ application reads as follows:- “That this writ application is being filed for issuance of a writ in the nature of Mandamus, commanding the respondents authority to appoint the petitioner on the post of Anganwari Sevika in terms of the criteria fixed by the respondents as the petitioner has been deprived by the respondents with ulterior motive ignoring the selection process and further for a direction to give all the legal and consequential benefits.” With reference to the aforementioned relief the official respondents have filed a counter affidavit wherein the C.D.P.O. Benipatti has taken a stand in paragraph nos. 6 and 7 of the counter affidavit to the following effect:- “6.That in reply to para 4 of the writ petition it is stated that village consists of two Anganbari Centres namely, Bhangidih Centre and Pustakalaya Ladugama Centre. Bhangidih Tola and adjacent part of the village Ladugama under the Poshahar area of Bhangidih Anganbari Centre. The population of this Centre is about 1084. out of which 609 population belongs to backward Caste. Therefore, majority of beneficiaries of this Centre is backward class. The House of petitioner is situated in Poshahar area of Pustakalaya Ladugama Centre, but she knowingly did not file any application for 2 selection to the post of Anganbari Sevika. One Smt. Raushan Kumari who belongs to very poor scheduled caste family was selected as Anganbari Sevika of Pustakalaya Ladugama Anganbari Centre by the Aam Sabha. 7.That in reply to para 5 and 6 of the writ petition it is stated that the Aam Sabha of Bishanpur Gram Panchayat was organized on 3.1.2004 at Scheduled caste Dalan Bhangidih for selection of Anganbari Sevika and Sahayika for Bhangidih Anganbari Centre after proper serving of notice. The Mukhiya of Bishanpur Gram Panchayat, Circle officer-Cum-C.D.P.O. Benipatti and villagers participated in Aam Sabha and put their signature/thumb impression in the proceeding book. Two Candidates including petitioner have submitted their application for selection to the post of Anganbari Sevika. After completion of all the selection procedure as laid down by welfare Department vide Memo No.1129 dated 13.6.98 and letter No.32 dated 25.9.2001 one Smt. Urmila Devi, wife of Anil Kumar Rai was selected for the post of Anganbari Sevika by the Aam Sabha after due verification of all relevant papers and documents. Pursuant to the recommendation of the Aam Sabha the Selection letter vide memo No.113 dated 5.8.2004 was issued in favour of selected Candidate namely, Smt. Urmila Devi by the C.D.P.O. Benipatti, Madhubani.” The aforementioned stand taken by the officials respondents despite service of a copy of the counter affidavit on the counsel for the petitioner on 5.2.2007 has not been controverted and therefore today when counsel for the petitioner is also not present it is difficult for this Court to hold that the appointment of newly added respondent no.8, suffers from any infirmity. That being so, this application is devoid of any merit and is, accordingly, dismissed. Abhay Kumar (Mihir Kumar Jha, J.)