IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4712 of 2004 Chandrakanti Kumari, wife of Surendra Chaudhary, resident of Village-Akthu, Police Station- Belaganj, District-Gaya. ………………………… Petitioner Versus 1. The State of Bihar. 2. The Commissioner, Magadh Division, Gaya. 3. The Collector, Gaya. 4. The Child Development Project Officer, Belaganj, District-Gaya. 5. Sri Nagendra Kumar Pankaj, son of not known, Mukhiya, Gram Panchayat Akthu Kachanpur, Police Station-Belaganj, District-Gaya. 6. Yasmin Khatoon, wife of Alamgir Sah, resident of Village-Akthu, P.S.-Belaganj, District-Gaya. …………………………… Respondents ----------- 5. 9.11.2009 No one appears for the petitioner. The prayer in this writ application of the petitioner reads as follows: “The petitioner is invoking the extra ordinary writ jurisdiction of this Hon‟ble Court for issuance of an appropriate writ(s), order(s), direction(s) commanding the respondent authorities to produce the resolution of the meeting of Gram Sabha and selection Committee, held for the selection of Anganwari Sevika on Anganwari Centre of village Akthu of Gram Panchayat Akthu Kachanpur Block Belaganj, District Gaya by which respondent no.6 has been appointed as Anganwari Sevika at Anganwari Centre at village Akthu and further quashing the appointment/ selection of respondent no.6 on the aforesaid 2 post and further for a direction to the respondents to consider the case of the petitioner for her appointment as Anganwari Sevika as she belongs to Scheduled Caste which is a majority section among the beneficiaries, and further for any other relief(s) for which this Hon‟ble Court may find the petitioner entitled in the facts and circumstances of the present case.” From the perusal of the records it would be clear that the petitioner‟s sole grievance against the impugned order is with regard to selection on the post of Anganwari Sevika on the basis of population of the people living in the area. In this context the State has filed an exhaustive counter affidavit, wherein in paragraph no.4 it has been stated that the village in question, namely, Akthu is dominated by the Muslims as the population of Muslims is much more than the other castes. In support of this aspect the voter list of the village and name of the persons of the village who has been selected has been annexed as Annexures „A‟ and „B‟ to the counter affidavit. The said 3 counter affidavit also deals with the procedure undergone for selection for the post of Anganwari Sevika and since there is no denial by the petitioner by way of a rejoinder affidavit to the facts mentioned in the counter affidavit, the stand by the respondents in the counter affidavit will be deemed to be correct. That being so, this Court must hold that the appointment of the private respondent was made strictly in accordance with the circular and the provisions made by the State Government and there was no anomaly in the same which could have been interfered either by the authority or even by this Court. That being so, this application is wholly without merit and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/