IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.879 of 2009 4 22.1.2010 Smt. Rinku Kumari W/o Shri Abhimanyu Sharma, Resident of Village- Aranda, P.S. Upahara, District Aurangabad .... Petitioner/ Appellant VERSUS 1. The State of Bihar 2. The Secretary, Department of Welfare, Government of Bihar, Patna 3. The Director, Welfare Department, Government of Bihar, Patna 4. The District Magistrate, Aurangabad 5. The District Programme Officer, Child Development Scheme, Aurangabad 6. The Sub-divisonal Officer, Daud Nagar, Aurangabad 7. The Block Development Officer, Goh, Aurangabad 8. The Child Development Project Officer, Goh, Aurangabad 9. The Mikhiya Gram Panchayat Raj, Upahara 10. The Panchayat Secretary, Gram Panchayat, Upahara .... Respondents/ Repondents ------ For the Appellant : Mr Anil Kumar No.1, Advocate For the Respondents : Mr K.K.Jha, SC 18 ------ Heard learned counsel for the appellant/ writ petitioner and learned counsel appearing for the State. 2. Learned counsel for the appellant has raised a grievance against order dated 4.5.2009 whereby writ petition bearing CWJC No.5568 of 2009 was dismissed on the ground that there was no illegality in the selection of the appellant as Anganbari Sevika and hence, the said 2 selection should not have been cancelled but this submission was allegedly not considered in the proper perspective by the Writ Court. 3. On hearing the parties and considering the annexures to the counter affidavit filed on behalf of the respondents, it is evident that for the Anganbari centre in question the selection should have been from a backward category candidate because that class constitutes majority of the beneficiaries. In view of such clear stand of the respondents, we are of the view that the Writ Court could not have interfered in the matter and no direction could have been issued to violate the policy decision requiring Anganbari Sevika from the backward category for the centre in question. 4. As a result, we find no merit in this appeal. It is accordingly dismissed in limine but without costs. (Dipak Misra,CJ) (Shiva Kirti Singh,J.) sk