IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7746 of 2007 Ranu Kumari, Wife of Pramod Kumar Pandit, Resident of Village Chaper, P.S. Gopalpur, District Bhagalpur. -------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Bhagalpur. 3. The District Welfare OFFICER, Bhagalpur. 4. Child Development Project Officer, Rangara, District Bhagalpur. 5. Urmila Devi, The Mukhiya Gram Panchayat Sadhuwa Chaper Police Station Gopalpur, District Bhagalpur. --------- Respondents ----------- 2 26.11.2009 No one appears on behalf of the petitioner. Counsel for the State is present and assisted this Court by referring to the pleadings in the writ application and the counter affidavit. The prayer of the petitioner in this writ application reads as follows:- “1(A)A writ in the nature of mandamus be issued commanding the Respondents authorities to issue and approve the selection letter to the petitioner herein who is successfully selected on 19/4/2007 as Angan Bari Sevika for Sharda Pustakalaya Kendra, Police Station Gopalpur Distt. Bhagalpur. (B) A further Writ/Order be issued whereby this Hon’ble Court be pleased to declare that the process held on 19/4/2007 for the Selection of Angan Bari Sevika/Sahaika is valid and legal and any attempt to 2 nullify the Selection so made is illegal and unconstitutional.” With reference to the aforementioned relief, learned counsel for the State has pointed out that the challenge of the petitioner towards the selection/appointment of Babita Kumari already selected and appointed as Anganbari Sevika for the centre in question is either on the basis of marks or on the basis of her being a candidate of extremely backward category as against the selected candidate to be one of the backward category. In answer to this query, learned counsel for the State by referring to the pleadings in the counter affidavit would submit that whereas the petitioner belongs to the extremely backward category which had a population of 584 persons only as against the backward having population of 629 persons and therefore, selection is to be made first amongst the eligible candidate of the backward category. He would submit that the selected candidate, namely, Babita Kumari belongs to such backward category and in fact, she has even higher marks (66.4%) as against he 3 petitioner (62%). A copy of such counter affidavit with the aforementioned facts was served on the counsel for the petitioner on 17.2.2009 and yet there is no rejoinder controverting the aforementioned facts on behalf of the petitioner. Thus on all scores, this Court would not find any illegality in the selection/appointment of Babita Kumari whose appointment even otherwise cannot be interfered by this Court when she has not been made party to this writ application. For all the reasons as indicated above, this writ application is wholly without merit and the same is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)