IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6114 of 2008 Poonam Singh, wife of Sri Bidya Sagar Singh, resident of Aladahi, PS Mohania, district Kaimur at Bhabhua – Petitioner. Vs. 1) The State of Bihar, 2) The Secretary, Social Welfare Department, Bihar, Patna. 3) The Commissioner, Patna Division, Patna. 4) The Dist. Welfare Officer, Kaimur. 5) The Dist. Welfare Officer, Kaimur. 6) The Child Dev. Project Officer, Mohania, Kaimur. 7) The Block Dev. Officer, Mohania, Kaimur. 8) The Mukhia, Gram Panchayat Akoedhi, Mela (under Mohania block), District Kaimur – Respondents. 2 3.5.2011 The petitioner is aggrieved by order, dated 8.12.2007 passed by the District Magistrate, Kaimur at Bhabhua. One Sharda Devi filed a complaint before the District Magistrate in which she has stated that on the date on which Aam Sabha was to be held, she could not be present at the Aam Sabha because of death of her husband’s brother. Surprisingly the husband of alleged candidate Sharda Devi appeared in the Aam Sabha and tried to find out the position of his wife. It is said that he was not entertained by the Aam Sabha and, therefore, he left. It is also said that the petitioner who was selected has poorer marks than Sharda Devi and that she is niece of the Mukhia. On the basis of the aforesaid facts the selection that was held appointing the petitioner as Aanganbari Sevika was set aside and the District Magistrate ordered for a fresh selection. Since there is a provision for appeal against the order of the District Magistrate, I do not think it proper to pass any comments on the order of the District Magistrate, except to say 2 that the Commissioner should examine whether it is essential for the candidate to be present at the Aam Sabha. If so, then Sharda Devi does not have any claim. The Commissioner while considering the petitioner’s case will consider the judgment of this court in the case of Sunita Kumari vs. State of Bihar and others, 2010 (3) PLJR 68. The petitioner may file an appeal within one month which the Commissioner will dispose of after valid service of notice on Sharda Devi within four months. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)