IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11585 of 2008 MAMTA KUMARI, W/O SHRI SHAMBHU MAHTO, R/O VILLAGE-MIRJAPUR, P.S.-KHODABANDPUR, DISTRICT-BEGUSARAI. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE COMMISSIONER, MUNGER DIVISION, MUNGER. 4. THE DISTRICT MAGISTRATE, BEGUSARAI. 5. THE DISTRICT WELFARE OFFICER, BEGUSARAI. 6. THE SUB DIVISIONAL OFFICER, MANJHAUL, BEGUSARAI. 7. CHILD DEVELOPMENT PROJECT OFFICER, KHODABADNPUR, BEGUSARAI. ………………RESPONDENTS. ----------- 3 25.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has challenged the order of the Collector dated 01.03.2008, as contained in Annexure-7, by which her engagement as Anganwari Sevika has been cancelled on the ground that petitioner is the daughter of the Mukhiya of the Gram Panchayat. Petitioner moved in appeal against the said order of the Collector before the Commissioner and the Commissioner has also dismissed her appeal by order dated 13.06.2008, as contained in Annexure-9. She has challenged this order also. From the order of the Commissioner, it appears that the appeal was dismissed on 2 the same ground that the petitioner was daughter of the Mukhiya of the Gram Panchayat. Learned counsel for the petitioner submits that the Guidelines was changed in which only the daughter-in-law of a public representative was debarred from being appointed and not a daughter. He has placed a copy of such guidelines for consideration by this Court. After going through the Guidelines, it appears that the same has been issued in 2010, whereas the petitioner’s appointment was sometime in 2007 and her engagement was cancelled in 2008. In 2008 the earlier guidelines of 2006 was in operation. Sub- clause (M-) of Clause 3 of 2006 Guidelines makes it clear that any relation of any public representative is debarred from being appointed. In the category of public servants the examples have been cited of Mukhiya, members of the Panchayat Samiti, Ward member and member of Zila Parishad etc. Clearly in the category of relation petitioner belongs as she is admittedly daughter of the Mukhiya. In the circumstances, this Court does 3 not find any merit in the writ application and the same is dismissed. Arvind/ ( J. N. Singh, J.)