IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3434 of 2004 1. DHARMSHILA DEVI, wife of Shri Om Prakash Choudhary, resident of village- Mojahidpur, Ahir Tola, P.o. Dhanauti, P. S. Siwan, Mufassil, Distt.- Siwan. 2. Lalita Devi, wife of Shri Vijay Kumar Singh, Resident of Village Mojahidpur, Kurmi Tola, P. O.- Dhanauti, P. S. Siwan Mufassil, Dist. Siwan. … Petitioners. Versus 1. THE STATE OF BIHAR, through its Commissioner-cum-Secretary, Welfare Department, Bihar, Patna. 2. The Director, Social Welfare Department, Bihar, Patna. 3. The Divisional Commissioner, Chapra. 4. The District Magistrate, Siwan. 5. The Dy. Development Commissioner, Siwan. 6. The District Welfare Officer, Siwan. 7. the Block Development Officer-cum- C.D.P.O., Siwan Sadar. 8. the C.D.P.O., Siwan. 9. the Lady Supervisor, Dhanauti, Panchayat, P. S. Siwan- Dist Siwan Sadar. 10. The A.N.M., Health Centre, Dhanauti, P. S. & Dist. Siwan Sadar. 11. The Acting Mukhiya, Dhanauti Panchayat, P. S. Siwan, Dist. Siwan Sadar. 12. The Head Master, Government Primary School, Mojahidpur, P. O. Dhanauti, P. S. Siwan Sadar, Dist. Siwan. 13. Saroj Devi, wife of Sri Vishram Yadav, Resident of Village Mojahidpur, P. O. Dhanauti, P. S. siwan, Dist.- Siwan. 14. Seema Devi, wife of Shri Rajesh Kr. Singh, resident of Mohajidpur, P. O. Dhanauti, P. S. Siwan, Dist-Siwan. … Respondents. ----------- 4. 09.11.2009 No one appears for the petitioners. However, counsel for the State is present. Prayer made in this writ petition of the petitioners reads as follows:- ”1. That this writ application is being filed against the part order dated 2.1.2004 issued by the respondent no. 7 Block Development Officer-cum- Chief Development Project Officer, Siwan Sadar whereby and whereunder the respondent no. 13, 14 and others have been 2 selected as Aganbari Sevika/Sahaika for different Centres of Dhanauti Panchayat including Centre No. 9 and 10 ignoring the direction issued by the welfare Department, Government of Bihar vide letter No. Wo B. P. I. C. D. S.-2-A- 30/95 (khand) 1129 dated 13.6.1998 for the selection of the Aganbari Sevika/Sahaika. This writ application is further being filed for issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondents to consider the case of the petitioners and to select them as Aganbari Sevika for the Centre no. 10 and 9 respectively of Dhanauti Panchayat, Siwan Sadar as they fulfil the eligibility/condition for the same.” It is not in doubt that the petitioners rely on the circular dated 13.6.1998 for claiming their appointment and assailing the selection of the private respondents. Said circular itself provides for an alternative remedy before moving the higher authority which was earlier vested in the Commissioner of the Division and now has been vested in the Collector of the District. In that view of the matter, this writ application is disposed of with a liberty to the petitioners to move the appropriate 3 authority who could now decide the matter without being influenced by the order of this court rejecting such prayer of the petitioners only on the ground of alternative remedy. It goes without saying that if the petitioners are found to be entitled to any relief, the competent authority before passing any order would also hear the private respondents whose appointment may be affected on account of proposed selection and appointment of the petitioners. With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)