IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11978 of 2009 SUSHMA KUMARI, WIFE OF DILIP KUMAR, RESIDENT OF VILLAGE DUMRICHATTI, P.S. FATEHPUR, DISTRICT GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER, MAGADH DIVISION, GAYA. 3. THE COLLECTOR, GAYA. 4. THE DISTRICT WELFARE OFFICER, DISTRICT GAYA. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, BLOCK FATEHPUR, DISTRICT GAYA. 6. THE SECRETARY OF COMMISSIONER, MAGADH DIVISION, GAYA. 7. THE MUKHIYA GRAM PANCHAYAT DUMARICHATTI, P.S. FATEHPUR, DISTRICT GAYA 8. THE PANCHAYT SEVAK, GRAM PANCHAYAT DUMARICHATTI, P.S. FATEHPUR, DISTRICT GAYA. 9. SHEELA KUMARI, WIFE OF UMESH PRASAD KESHARI, RESIDENT OF VILLAGE DUMARICHATTI, P.S. FATEHPUR, DISTRICT GAYA.----RESPONDENTS. ----------- 02. 11.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was applicant for the post of Anganwari Sewika of Centre No. 96, Paswan Tola within Dumrichatti gram panchayat in the district of Gaya. She is aggrieved by the appointment of private respondent no.9, Sheela Kumari on the said post. In this connection, with reference to the appointment letter of private respondent no.9 bearing letter No. 139 dated 4.4.2009, Annexure-6 it is submitted that she has been appointed as Anganwari Sewika of the aforesaid centre in compliance of the instructions of the Secretary, Divisional Commissioner, Magadh Division contained in letter No. 323/legal dated 16.3.2009, Annexure-5, whereunder instructions were issued to appoint respondent no.9 on the post of Anganwari Sewika of the aforesaid centre. 3. Learned counsel for the petitioner has placed on record the copy of letter No. 323/legal dated 16.3.2009, Annexure-5 referred to in the appointment letter of private respondent no.9, Annexure-6, - 2 - perusal whereof does not indicate that the Secretary of the Divisional Commissioner, Magadh Division ever directed the Child Development Project Officer, Fatehpur to appoint respondent no.9 as Anganwari Sewika for the aforesaid centre and with reference to letter dated 16.3.2009, Annexure-5, it is submitted that this Court should interfere in the matter and quash the appointment of private respondent no.9 on the post of Anganwari Sewika. Against the illegality committed by the Child Development Project Officer, Fatehpur by appointing private respondent no.9 as Anganwari Sewika with reference to the instructions of the Secretary, Divisional Commissioner, Magadh Division can be looked into by the District Programme Officer, Gaya. 4. Accordingly, I direct the petitioner to assail the appointment of private respondent no.9, Sheela Kumari under letter No. 139 dated 4.4.2009, Annexure-6 with reference to the letter of the Secretary, Divisional Commissioner, Magadh Division bearing No. 323 dated 16.3.2009, Annexure-5 before the District Programme Officer, Gaya, who should issue notice to private respondent no.9, Sheela Kumari and thereafter pass appropriate orders in accordance with law after hearing the parties as early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)