IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2890 of 2010 1. SMT. BANDANA RANI W/O SRI LALOO PRASAD YADAV R/O VILL. AND P.O.- MANGALGARH, P.S. HASSANPUR, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPTT. OF SOCIAL WELFARE, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIVISIONAL COMMISSIONER, DARBHANGA DIVISION 4. THE DISTRICT MAGISTRATE, SAMASTIPUR 5. THE CHILD DEVELOPMENT PROJECT OFFICER, HASSANPUR BLOCK, DISTT.- SAMASTIPUR 6. SMT. LALITA DEVI W/O RANDHIR ROY R/O MANGALGARH PANCHAYAT, P.S. HASSANPUR, DISTT.- SAMASTIPUR ----------- 2. 27.8.2010 Heard learned counsel for the petitioner and the State. The petitioner assails the order of the Divisional Commissioner, Darbhanga in Case No. 8 of 2009-10 dated 8.12.2009. Learned counsel for the petitioner submits that there was no compulsion or requirement under the regulations dated 13.6.1998 that a candidate appointed as an Aganwari Sewika herself was required to be from below the poverty line. The impugned order holds that the appointment related to the year 2003, when the circular dated 13.6.1998 was in vogue. According to it one of the requirements was that an Anganwari Sewika must belong to the beneficiary group of the centre. Clause-1 of the circular provides for 2 identification of villages and location where people below the poverty line extremely poor and weak reside and whose upliftment was necessary. Clause-2 provides for identification in such villages and location for establishment of Anganwari Kendra for persons below the poverty line. Clause-5 (6) specifically provides that the Aganwari Sewika at a centre shall be from amongst the beneficiaries. A harmonious reading of Clause 1, 2 and 5(6) leads this Court to hold that first an identification has to be done of persons residing below the poverty line in a villages or location whose upliftment is necessary, the Aganwari Sewika is then to be appointed from amongst them. The purpose is salutary, the feelings and desire for upliftment which shall be prevalent in a person similarly situated will motivate a person from one amongst them of the same category shall be entirely different from another but may not have the same feelings/suffering the same travails as a person below the poverty line. There is no merit in this application. It is accordingly dismissed. P. Kumar ( Navin Sinha, J.)