IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19054 of 2008 KUMARI BABITA, WIFE OF SRI ARUN KUMAR SINGH, RESIDENT OF VILLAGE BARAITHA, P.S. MOHANIA, BLOCK MOHANIA, DISTRICT KAIMUR AT BHABHUA. ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR I.C.D.S., BIHAR, PATNA. 2. THE COMMISSIONER, PATNA DIVISION, PATNA. 3. THE DISTRICT MAGISTRATE, KAIMUR (BHABHUA) 4. THE DISTRICT WELFARE OFFICER, KAIMUR (BHABHUA) 5. THE CHILD DEVELOPMENT PROJECT OFFICER, MOHANIA, DISTRICT KAIMUR AT BHABHUA 6. THE BLOCK DEVELOPMENT OFFICER, MOHANIA, DISTRICT KAIMUR AT BHABHUA 7. THE GRAM PANCHAYAT BAMHAUR KHAS, BLOCK MOHANIA, P.S. MOHANIA, DISTRICT KAIMUR AT BHABHUA THROUGH ITS PANCHAYAT SECRETARY 8. THE MUKHIYA GRAM PANCHAYAT BAMHAUR KHAS, BLOCK + P.S. MOHANIA, DISTRICT KAIMUR AT BHABHUA 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT BAMHAUR KHAS. ---- RESPONDENTS ----------- 2 14.5.2010 The petitioner was selected as an Anganbari Sevika on 4.7.2007. Subsequently she was removed from the post, on the allegations that she was not physically fit, that she was not the resident of the village and thirdly because her husband’s brother was a government servant. These allegations were found to be not true as would appear from annexure-4 of the writ application. The District Magistrate for quite a different reason rejected the application filed on behalf of the petitioner vide case no. 65 of 2007 and held that the petitioner does not belong to the section/caste which predominantly inhabitates the village/centre. The finding is based on the oral statement made by the Mukhiya of Baraitha where the Centre falls. The Commissioner’s order dated 2.8.2008 indicates that mapping has not been done in the village, and the selection was made without determining the majority population of the area where the petitioner was selected as an Anganbari Sevika. The fact remains that the petitioner has the highest score 2 and she has otherwise been found fit to be considered for the post of Anganbari Sevika. The entire scheme of selection of Anganbari Sevika and Helpers is to provide food for the poor living below the poverty line and to help the females and girl child to get nutrition and medical care. It is thus essential that appointment of Anganbari Sevika should be made in each Centre to achieve the objects of the scheme. I accordingly direct that the District Magistrate should ensure through the Circle Officer/Block Development Officer or any other competent person, to prepare a mapping of the village within a period of three months from the date of receipt/production of a copy of this order and thereafter direct that the Mukhiya should proceed to organize an ‘Aamsabha’ and select a lady who is eligible in accordance with the mapping report and the qualifications as laid down under the scheme. A fresh selection should not be made in the Baraitha Centre with the Mohania Block, District Kaimur until the mapping is complete. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)