IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10888 of 2007 Vina Kumari, Wife of Sri Ravindra Mahto, Resident of Village Nawadih, P.O. Tetarhat, P.S. Halsi, District Lakhisarai. ------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Munger Division, Munger. 3. The District Magistrate, Lakhisarai. 4. The Deputy Development Commissioner, Lakhisarai. 5. The Sub Divisional Officer, Lakhisarai. 6. The District Programme Officer, Lakhisarai. 7. The Child Development Project Officer, Lakhisarai. 8. Sri Amit Kumar Bose, the Block Welfare Inspector, Block Ramgarh Chouk (Halsi), Distt. Lakhisarai. 9. Smt. Sulochana Devi, Mukhiya Gram Panchayat, Tetar Hat, P.S. Halsi, District Lakhisarai. 10. Sri Krishna Nandan Ram, Panchayat Secretary, Gram Panchayat Tetar Hat, P.O. Tetar Hat, P.S. Halsi, District Lakhisarai. 11. Babita Kumari , Wife of Sri Praveen Kumar, Village Nawadih, P.O. Tetar Hat, P.S. Halsi, District Lakhisarai. ----------- Respondents ----------- 2 4.12.2009 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1. That this is application for issuance of an appropriate Writ(s), direction(s) and order(s) to command the respondent authorities to make appointment to the petitioner for the post of Anganbari Sevika, in the Centre, Samudaiyeek Bhawan Harijan Tola, Nawadih, Ward No.5 under the Government Circular dated 13/6/1998.” Learned counsel for the petitioner, however, on being asked as to whether any one has been appointed as Anganbari Sevika for the - 2 - center in question, namely, Samudaiyeek Bhawan Harijan Tola, Nawadih, Ward No.5, would submit that respondent no.11 has already been selected and appointed for the said post. From the aforementioned relief, it would be clear that the petitioner has not assailed the selection/appointment of the respondent no.11 and therefore, the prayer that the petitioner should be appointed cannot be looked into because the post is already occupied. In that view of the matter, this writ application has become infructuous on account of the subsequent event of Babita Kumari, respondent no.11 to have been appointed on the said post. The petitioner, however, will have liberty to assail the selection/appointment of Babita Kumari on any ground whatsoever initially before the Collector of the district who is the prescribed authority to look into any anomaly in such selection/appointment on the post of Anganbari Sevika. If the petitioner, therefore, would file any representation as with regard to any anomaly in the appointment/selection of Babita Kumari, - 3 - respondent no.11, the Collector of the district after enquiry as also extending opportunity of hearing to the petitioner, the respondent no.11 as also the representative of the concerned Gram Panchayat would pass a reasoned order within a period of six months from the date of filing of such representation of the petitioner. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)