IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1705 of 2005 SHANTI DEVI w/o Sri Suresh Manjhi, Village- Khulasa (Harizan Tola) P. O. Madhopur, P.S. Jammo, Distt. Siwan. ….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate of District Siwan. 3. The Child Development Project Officer, (CDPO) Parkhand, Goriakothi, District- Siwan. 4. Sri Indal Singh, Mukhia Gram Panchyat- Majhwalia Prakhand Goriakothi, District- Siwan. 5. Smt. Arati Devi w/o Sri Chandrika Sah, Village- Khulasa, P. O. Madhopur, P. S. – Jammo, Disst- Siwan. 6. Director Child Development Project, Govt. of Bihar Old Secretariat, Patna. …. Respondents. ----------- 4. 17.07.2009 Heard counsel for the petitioner, counsel for respondent no. 5 and also counsel for the State. The prayer of the petitioner to set aside the appointment of respondent no. 5 on the post of Angan Bari Sevika must fail on the simple ground that the petitioner herself at the relevant point of time in 2004-05 was not eligible for being appointed for the said post. It has been stated by respondent no. 5 in her counter-affidavit and not controverted by the petitioner, that she was an elected ward member at the relevant period in the year 2004-05 when the appointment of respondent no. 5 was made on the post of Angan Bari Sevika. Respondent no. 5 - 2 - in the counter affidavit has also brought on record the relevant government decision prohibiting appointment of a ward member on the post of Angan Bari Sevika. Once this position becomes clear that the petitioner herself was not eligible for engagement on the post of Angan Bari Sevika, she cannot be allowed to assail the appointment of respondent no. 5 on any ground whatsoever. That being so, this writ application is misconceived and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)