IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.298 of 2010 1. NITU KUMARI MANDAL W/O SRI UMESH PRASAD MAHTO R/O VILL DAKSHINI BHADARTAL, P.S.BARARI, DISTT-KATIHAR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR , I.C.D.S. SOCIAL WELFARE DEPARTMENT BIHAR, PATNA 3. THE COMMISSIONER KATIHAR DIVISION, KATIHAR 4. THE DISTRICT MAGISTRATE KATIHAR 5. THE DIRECTOR , D.R.D.A. KATIHAR 6. THE SUB DIVISIONAL OFFICER KATIHAR 7. THE CHILD DEVELOPMENT PROJECT OFFICER BARARI, KATIHAR 8. THE MUKHIYA, GRAM PANCHAYAT RAJ DAKSHINI BHANDARTAL, P.S.BARARI,DISTT-KATIHAR 9. THE PANCHAYAT SEVAK, GRAM PANCHAYAT RAJ DAKSHINI BHANDARTAL, P.S.BARARI,DISTT-KATIHAR 10. SMT SADHNA DEVI W/O ANIL MANDAL R/O VILL DAKSHINI BHADARTAL,(MUSAHARI TOLA), P.S.BARARI, DISTT-KATIHAR ----------- 2 23.6.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing the letter No. 74 dated 28..8.2009 and also letter No. 75 dated 28.8.2009, whereby respondent no.10 has been selected as Anganbari Sevika at Centre No. 062 Musahari Tola under Barari Block in the district of Katihar. Petitioner’s grievance is that the respondent authorities without considering the candidature of the petitioner has selected respondent no.10, for the reason that while cancelling the selection 2 of Rani Kumari Jaiswal, specific direction was issued to make fresh selection on the basis of only such applications which were filed earlier. Since petitioner’s application had alredy been torned by the then Mukhiya of the concerned Gram Panchayat and there was no proper opportunity given to the petitioner for filing an application, her candidature/application could not be considered for selection. Considering the fact that Clause 8 of Sub-Clause (III) of the guidelines for selection of Anganbari Sevika, there is specific provision that in case selection of Anganwari Sevika has been made and the nomination letter has also been issued but there is any objection/complaint in such matters, an enquiry shall be conducted on such objection and the District Magistrate on consideration of such report and giving proper opportunity to both the parties, will pass a speaking order. Petitioner has already filed her 3 objection before the District Magistrate, Katihar, which is pending for consideration. The District Magistrate will pass necessary orders as per Clause 8 of Sub-clause (III) within the time specified under this provision i.e. one month from the date of production/communication of this order The writ application stands disposed off. (Mridula Mishra,J.) A.kumar