IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10508 of 2007 HEMANTI DEVI wife of Yadunandan Bhagat, resident of village- Pirwa Post: Pirwa P. S. Madanpur, Distt. Aurangabad (Bihar). …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, cum Collector Aurangabad 3. the Child Development Project Officer, Madanpur Block, Distt.- Aurangabad. 4. Rubi Devi wife of Jain Prakash Pal resident of village Pirwa, Post- Pirwa, P. S. Madanpur, Distt. Aurangabad. 5. Mukhiya, Gram Panchayat Pirwa P.S. Madanpur, Distt. Aurangabad (Bihar). …. Respondents ----------- 2. 03.12.2009. Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- ”(a) That this is an application for issuance of appropriate writ(s)/direction(s) to the respondents to cancel the selection and appointment of respondent no. 4 from the post of Anganwari Sevika at aganwari centre Pirwa in Pirwa Gram Panchayat under Madanpur Block in the Distt of Aurangabad. Further respondents be directed to appoint the petitioner on the post of Agansari Sevika in place of respondent no. 4 and/or any other appropriate relief(s) to the petitioner for which may be found entitled to in the eye of law.” 2 Counsel for the petitioner on being asked by this court with regard to aforementioned relief as to whether the petitioner had ever moved the collector of the District, Prescribed Authority for looking into the anomaly in the selection/appointment on the post of Anganwari Sevika would fairly concede that no such representation was filed by the petitioner though one was filed by her husband. In the opinion of this court, the selection and appointment of the writ petitioner being an individual right, the same cannot be looked into at the instance of her husband. This court would however find the present writ application to be premature inasmuch as the petitioner had never moved the Prescribed Authority before filing the present writ application. In such circumstances, the counsel for the petitioner seeks permission to withdraw this application with a liberty to the petitioner to file a compact representation against the selection and 3 appointment of respondent no.4. This court would allow such prayer of the counsel for the petitioner and would accordingly give liberty to the petitioner to file a compact representation which must be disposed of by the Collector of the District by a speaking order within a period of six months from the date of filing of such representation by the petitioner but only after affording opportunity of hearing to the petitioner, respondent no. 4 and the concerned Gram Panchayat in question. With the aforementioned observations and directions, this writ application is dismissed as withdrawn. kanchan (Mihir Kumar Jha, J.)