IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13516 of 2011 Amita Devi W/O Prakash Kumar Mishra R/O Vill.- Banni, P.O.- Nagra, P.S.- Khaira, Distt.- Saran (Chapra)-Petitioner Versus 1. The State Of Bihar 2. The Commissioner-Cum-Secretary, Social Welfare Department, Bihar, Patna 3. The Director Social Welfare Department, Bihar, Patna 4. The Deputy Director, Social Welfare Department, Saran Division, Saran at Chapra 5. The District Magistrate, Saran at Chapra 6. The Child Development Project Officer, Nagra Saran at Chapra 7. The District Welfare Officer, Saran at Chapra 8. The S.D.O Sadar Chapra (Saran) 9. The Deputy Development Commissioner, Saran, Chapra 10. The Mukhiya, Gram Panchayat Raj Kadip Prakhand Nagra, Saran --------------------------------Respondents ---------------------------------- 2 17.10.2011 Heard learned counsel for the parties. By virtue of Annexure-6 appointment of the petitioner on the post of Anganbari Sewika has been annulled by the District Magistrate of Saran at Chapra on the ground that father-in-law of the petitioner is a government servant which is a disqualification earned by her. Counsel for the petitioner has drawn my attention to a decision in a similar circumstance in the case of Sunita Kumari vs. State of Bihar & others reported in 2010 (3) PLJR 68 decided on 6.5.2010. Learned Single Judge has struck down such provision to be violative of Article 14 of the Constitution of India and has held in so many words that such relationship by itself will not come in the way of appointment on the post of Anganbari Sewika. In fact, sub-clause (Anga) of caluse-3 of the guidelines was declared to be hit by Article 14 of the Constitution. Since the law declared by the High Court was already in 2 place on 6.5.2010 then the decision of the District Magistrate dated 9.4.2011 was rendered it is contrary to the law of the land and in view of above the impugned order will be interfered with. This writ application is allowed and annexure-6 is quashed. Petitioner would be entitled to be reinstated and she should be put back on the responsibility of Anganbari Sewika as there is no other legal impediment against her as such. RPS (Ajay Kumar Tripathi, J.)