IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8267 of 2008 Neelam Devi, wife of Vijay Kumar Jha, village Belari, PS Ujiyarpur, District Samastipur – Petitioner. Vs. 1) The State of Bihar through the Secretary, Social Welfare Department, Bihar, Patna. 2) Director, I.C.D.S., Social Welfare Department, Bihar, Patna. 3) Dist. Magistrate, Samastipur. 4) C.D.P.O., Ujiyarpur, Samastipur. 5) Mukhiya, Gram Panchayat Belari, Block Ujiyarpur, Dist. Samastipur. 6) Panchayat Secretary, Gram Panchayat Belari, Ujiyarpur, Dist. Samastipur – Respondents. 2 17.5.2011 The petitioner was appointed as an Aanganbari Sevika at Centre no. 176 in village Belari of Ujiyarpur block. An application was filed on behalf of Shabnam Devi claiming that she has the highest marks and as such she ought to have been appointed as an Aanganbari Sevika. It is further said that her candidature was rejected on the ground that her father-in-law was receiving pension from the State Government and as per clause 3 (Anga) she did not come within the eligibility criteria. An enquiry was made and the District Magistrate came to the conclusion that the father-in-law of Shabnam Devi was not receiving pension from the State Government. As a result of that the petitioner’s engagement as an Aanganbari Sevika was terminated. The District Magistrate has further observed that the petitioner has a right to appeal against the order of the District Magistrate. Instead of filing an appeal the petitioner has come to this court in the present writ petition. In the circumstances this writ petition is disposed of with liberty to the petitioner to move before the Commissioner of the Division by filing an appeal along with a limitation petition, if 2 so advised. If such an appeal is filed, the Commissioner may consider the limitation petition in view of the fact that the petitioner was pursuing his remedy before this court. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)