IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2922 OF 2008 BABITA KUMARI, WIFE OF SHRI OM PRAKASH SINHA, RESIDENT OF VILLAGE KASBA, POLICE STATION DHORAIYA, DISTRICT BANKA VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRATARIAT, PATNA 2. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, BANKA 3. THE DISTRICT WELFARE OFFICER, GOVERNMENT OF BIHAR, DISTRICT BANKA 4. THE SUB-DIVISIONAL OFFICER, TAHIRPUR, DISTRICT BANKA 5. THE CHILD DEVELOPMENT PROJECT OFFICER, DHORAIYA, DISTRICT BANKA 6. THE MUKHIYA, GRAM PANCHAYAT TAHIRPUR GOURA, DISTRICT BANKA 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT TAHIRPUR GOURA, DISTRICT BANKA 8. BABITA KUMARI, WIFE OF PRAMOD SINGH, RESIDENT OF VILALGE KASBA, DISTRICT BANKA ******** 2 31/03/2011 The petitioner is aggrieved by the fact that the respondent no. 8, namely, Babita Kumari has been appointed as an Aanganbari Sevika by order dated 18.03.2007. The ground for challenging the appointment of respondent no. 8 is that according to the petitioner, the lady is 45 per cent disable and has not produced the certificate as required under Clause J (t) of the guidelines, which reads as follows. vkaxuokMh lsfodk ds :i esa p;fur gksus okyh efgyk dks 'kkjhfjd ,oa ekufld :i ls LoLF; gksuk pkfg, ,oa xaHkhj Nwr dh chekjh ugha gksuh pkfg, A p;fur lsfodk dks ,d lIrkg ds vanj bl vk’k; dk izek.k&i= ljdkjh fpfdRld }kjk fuxZr izLrqr djuk gksxk] rHkh mUgsa euksu;u i= fuxZr fd;k tk;sxk A Referring to Anneuxre-7, Counsel for the 2 petitioner submits that while the appointment was being made in the Aam Sabha, the respondent no. 8 was to produce a certificate from the concerned Medical Authority to show that she was mentally and physically fit. According to the petitioner, respondent no. 8 is working illegally from the year 2007. The fact that the respondent no. 8 is working on the post indicates the fact that she is mentally and physically fit. The Mukhiya of the Gram Panchayat, Tahirpur Goura, district Banka should ensure that the respondent no. 8 produces the medical certificate required under Clause J of the guidelines of the year 2006, if not done already. The petitioner may produce a copy of this order before the Mukhiya of the Gram Panchayat Tahirpur Goura, district Banka. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)