IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7851 of 2008 Meena Kumari W/o Sri Raj Kumar Baitha, resident of village- Lakshrampur, Post Office- Jitwaria, Police Station- Kalyanpur, District Samastipur … … Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Divisional Commissioner, Darbhanga 3. The District Magistrate, Samastipur 4. The Sub-Divisional Officer, Samastipur 5. Child Development Programme Officer, Kalyanpur, Samastipur 6. Mukhiya, Gram Panchayat Raj, Jitwaria, Block – Kalyanpur, Samastipur 7. Bibha Kumari, W/o Bipin Kumar Thakur, village Lakshrampur, Post Office- Jitwaria, Police Station- Kalyanpur, District Samastipur … Respondents ---------------------------------- 05/ 29.08.2011 Heard learned counsel for the petitioner, the State and the Private Respondent no.7. 2. At the relevant time petitioner served as Anganwari Sewika at Centre No. 59 within Jitwaria Gram Panchayat in the district of Samastipur. She has filed this writ petition questioning the order of the District Magistrate, Samastipur dated 8.10.2007, Annexure-8, whereunder appointment of the petitioner as Anganwari Sewika of Centre No. 59, Jitwaria Gram Panchayat has been cancelled holding that she was appointed without any general notice and she is not qualified to serve as Anganwari Sewika 2 as her husband is a P.D.S. dealer. Petitioner has also challenged the order dated 17.12.2007 passed by the Commissioner, Darbhanga Division in Case No. 76 of 2007, Annexure-9, whereunder aforesaid order of the Collector dated 8.10.2007 has been upheld, however, observing that petitioner is qualified to serve as an Anganwari Sewika as she has been deserted by her husband who is a Fair Price Shop Dealer and petitioner has no connection with him. In the concluding portion of the order, the District Magistrate has been directed to hold fresh selection for appointment of Anganwari Sewika in the Jitwaria Gram Panchayat in the light of the governmental instruction contained in Letter No. 2783 dated 3.10.2006 with liberty to the petitioner to appear in the selection process as she is qualified for being appointed as an Anganwari Sewika. 3. It is submitted on behalf of the petitioner that the certified copy of the orders of the Commissioner dated 17.12.2007, Annexure-9 was applied for and obtained by the petitioner on 12/29.1.2008 whereafter the present writ petition was 3 filed on 12.5.2008 assailing the two orders and as such she did not participate in the meeting of the Aam Sabha held on 27.7.2009 for appointment of Anganwari Sewika for Centre No. 59 Jitwaria Panchayat. In this connection, learned counsel for the petitioner pointed out that petitioner had no intention to participate in the fresh selection for appointment as Anganwari Sewika for Centre No. 59 as her earlier selection was preceded by notice dated 19.8.2006, Annexure-3/A which was issued by the Mukhiya of the Jitwaria Gram Panchayat in compliance of the order of the Child Development Project Officer, Kalyanpur (Samastipur) contained in letter No. 246 dated 17.8.2006. Petitioner having been deserted by her husband (PDS dealer) is not only qualified for being appointed as Anganwari Sewika for Centre No. 59 but also was rightly appointed pursuant to notice dated 19.8.2006, Annexure-3/A. In the background of this submission, it is submitted that the appointment of private Respondent no.7 as Anganwari Sewika of Centre No. 59 pursuant to meeting of the Aam Sabha held on 27.7.2009 is fit to 4 be set aside by this Court. 4. Counsel for the State and the private Respondent no.7 have opposed the aforesaid submission and submitted that whether any notice dated 19.8.2006, Annexure-3/A was issued prior to the appointment of the petitioner as Anganwari Sewika of Centre No. 59 for calling the meeting of the Aam Sabha of the Jitwaria Gram Panchayat is besides the point as petitioner is not qualified for being appointed as Anganwari Sewika for Centre No. 59 though held otherwise by the Commissioner on the ground that she is the deserted wife of P.D.S. dealer as petitioner is neither resident of the nourishing area of Centre No. 59 nor she belongs to the majority caste which is residing in the nourishing area of Centre No. 59 as per the mapping register of the area prepared by the authorities. 5. Having heard counsel for the parties, I direct the petitioner and the private Respondent no.7 to appear before the Collector, Samastipur, who shall call for the records maintained in connection with the appointment of Anganwari Sewika for Centre No. 59 5 of Jitwaria Gram Panchayat including the mapping register and consider the question of qualification of the petitioner whether she belongs to the nourishing area and majority caste residing within the nourishing area of Centre No. 59 and if the findings of the Collector, Samastipur on these two questions are in favour of the petitioner then the Collector, Samastipur shall investigate whether there was any notice for appointment of the petitioner initially as claimed by her dated 19.8.2006, Annexure-3/A and if the two statements made on behalf of the petitioner are found correct then the appointment of private Respondent no.7 shall be set aside by the Collector, Samastipur by passing reasoned order. 6. While considering the matter in the light of this order, it shall be open for the Collector, Samastipur to consider the validity of any of the documents maintained in the record in connection with the appointment of Anganwari Sewika for Centre No. 59 of Jitwaria Gram Panchayat. 7. Appropriate order in this regard be passed by the Collector, Samastipur as early as 6 possible, in any case within two months from the date of appearance of petitioner and private Respondent no.7, who are directed to appear before the Collector, Samastipur along with a certified copy of this order on 19.9.2011. 8. Until final order is passed by the Collector, Samastipur in compliance of this order, Respondent no.7 will continue to function as Anganwari Sewika for Centre No. 59 of Jitwaria Gram Panchayat. 9. The writ petition is, accordingly, disposed of. P.K.P/Arjun/ ( V. N. Sinha, J.)