IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1600 of 2009 BIPULA KUMARI W/O MUKESH PRASAD SINGH R/O VILL.- LALATARI, P.S.- RAJOUN, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER BHAGALPUR DIVISION, BHAGALPUR 3. REGIONAL DEVELOPMENT OFFICER BHAGALPUR DIVISION, BHAGALPUR 4. THE DEPUTY DIRECTOR WELFARE, BHAGALPUR DIVISION, BHAGALPUR 5. THE COLLECTOR BANKA, DISTT.- BANKA 6. DEPUTY DEVELOPMENT COMMISSIONER, BANKA 7. CHILD DEVELOPMENT PROJECT OFFICER, BANKA 8. BLOCK DEVELOPMENT OFFICER RAJOUN, DISTT.- BANKA 9. WELFARE OFFICER BANKA, DISTT.- BANKA 10. TANUJA KUMARI W/O ANOJ KUMAR RAO R/O VILL.- LILATARI, P.S.- RAJOUN, DISTT.- BANKA ----------- 5 22.04.2011 This present appeal has been filed against the order dated 13.11.2009 passed in C.W.J.C. No. 15905 of 2005 wherein the order of Commissioner, Bhagalpur Division, Bhagalpur was questioned by the appellant herein, but, however, the learned Single Judge has chosen to dismiss the same. The order of the Commissioner goes to show that there are two applicants for the post of Angan Bari Sevika, One of which is the appellant. According to the Commissioner, the appellant belongs to Backward Caste whereas the majority of the population of that area belonging to Scheduled Caste. Hence, a direction was given for fresh selection by the Commissioner by the Gram Sabha in accordance 2 with the rules and in the presence of a senior officer of the rank of ADM to be decided by the D.M., Banka. However, the said decision is disputed by the counsel appearing for the appellant. We are of the opinion, that whether the aspirants of this job belongs to Backward Caste or the majority of the population belonging to Scheduled Caste, is a pure question of fact which is enumerated by decision of the concerned officer basing on the records. Under the above circumstances, we are not inclined to resolve this matter which is disputed question of facts under Article 226 of the Constitution of India. Accordingly, we do not find any reason to interfere with the order of learned Single Judge and therefore, the L.P.A. stands dismissed. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)