IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3325 of 2011 Kumari Manisha Mishra WIFE OF MITHILESH KUMAR RAI RESIDENT OF VILLAGE CHAHRAPAN SIKATIA, BLOCK PANCHDEORI, P.S. KATEYA, DISTRICT GOPALGANJ. Versus The State Of Bihar & Ors . ----------- 2 08/07/2011 There is a social objective behind the policy of the government to carry out mapping of the ward to identify the dominant caste in matter of selection of Angan Bari Sevika. Some dispute arose after the petitioner became a claimant subsequent to removal of one Sushila Devi. On the direction of the High Court in a writ application moved earlier, the District Magistrate, Gopalganj has passed a speaking order contained in annexure-11. Besides going into the mechanism of the process of selection carried out by the Panchayat or the Child Development Project Officer, one glaring finding which has been recorded by the District Magistrate is that before initiation of the selection process no survey and mapping of the ward in question was carried out which is a pre-requisite in such matters of selection. Though under the Constitution caste by itself cannot operate as a bar but the objective of appointing an - 2 - Angan Bari Sevika being such, selection from the dominant caste is required to be made so that the selected Angan Bari Sevika has free access to every house-hold without any resistance of the population of the ward. From the figures which are available in the speaking order, there is no indication to show that the caste of that ward is predominantly of the people belonging to the caste of the petitioner. The Court will not certify about the authenticity of the figures reflected in the order at this stage but surely there is material to show that re-consideration is required and this is what the District Magistrate has done in the present case. He has given a direction to carry out survey and mapping and only after its completion, a fresh exercise will have to be carried out. The reasonings assigned by the District Magistrate for such a direction seems to be in conformity with the objective and the guidelines laid down by the State for appointment of Angan Bari Sevika. No interference, therefore, is required with the impugned order. If after mapping exercise is carried out and if the petitioner belongs to the dominant - 3 - community/caste, her case will surely be considered afresh for her selection as an Angan Bari Sevika. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)