IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7014 of 2005 PUNAM DEVI, WIFE OF JAGANNATH JHA, RESIDENT OF VILLAGE-MAHRAIL, P.O.-MAHRAIL, P.S.-ANDHARATHARHI, DISTRICT- MADHUBANI …………….. PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE DISTRICT WELFARE OFFICER, MADHUBANI 4. THE SUB-DIVISIONAL OFFICER, JHANJHARPUR, VIA- JHANJHARPUR, DISTRICT-MADHUBANI 5. THE BLOCK DEVELOPMENT OFFICER, ANDHARATHARHI, VIA-JHANJHARPUR, DISTRICT-MADHUBANI 6. THE CHILD DEVELOPMENT PROJECT OFFICER, ANDHARATHARHI, VIA-JHANJHARPUR, DISTRICT- MADHUBANI 7. SHIV SHANKAR JHA, SON OF LATE UMAKANT JHA, RESIDENT OF VILLAGE-MAHRAIL, P.O.-MAHRAIL, P.S.- ANDHARATHARHI VIA-JHANJHARPUR, DISTRICT- MADHUBANI 8. SUGANDHA DEVI, WIFE OF VIJAY KUMAR JHA, RESIDENT OF VILLAGE-MAHRAIL, P.O.-MAHRAIL, P.S.-ANDHARATHARHI, VIA-JHANJHARPUR, DISTRICT-MADHUBANI. ………………… RESPONDENTS. ----------- 03. 13.05.2011 Heard learned counsel for the petitioner and the State. Though Respondent No. 8 has entered appearance through Vakalatnama, but neither any Counter Affidavit has been filed on her behalf nor Counsel, representing the Respondent No. 8, is present in Court. Petitioner had applied for the post of Anganbari Sevika within the Mahrail Panchayat, Sundar Mandal Door Centre. Petitioner has passed 2 Matriculation with 1st Division marks and she belongs to the General Category, representing the beneficiary group of the area, where Anganbari Centre is situated. Petitioner’s case is that no one, except the petitioner, had applied for the post of Anganbari Sevika for Sundar Mandal West Tola Centre under Mahrail Panchayat. However, subsequently, name of one Sugandha Kumari was included in the proceeding of the Aam Sabha, held on 08.01.2004 by making interpolation in the proceeding book. Though, petitioner has higher marks in Matriculation, ignoring the legal claim of the petitioner, Respondent No. 8, Sugandha Kumari was appointed as Anganbari Sevika and petitioner as Anganbari Sahayika, though she never had applied for that post. Petitioner has alleged that this illegality was committed at the instance of the Mukhiya of Gram Panchayat, Mahrail, as Respondent No. 8 is the daughter-in-law of the Mukhiya. In the Counter Affidavit, filed on behalf of the State, there is denial so far allegation made by the petitioner that Respondent No. 8 is the daughter-in-law of Mukhiya of the Gram Panchayat 3 and she was illegally selected for the post. Along with the Counter Affidavit, Annexure-B and B/1 have been annexed, which are Income Certificate, issued in favour of Ajay Kumar Jha, son of Shri Vishwanath Jha, by the Circle Office, Andharathari and Red Card, issued in favour of Ajay Jha, son of Shri Vishwanath Jha. Counsel for the State submits that Mukhiya of the concerned Gram Panchayat is Shiv Shankar Jha, as such Respondent No. 8 being the wife of Vijay Kumar Jha, can not be daughter-in-law of Mukhiya. On perusal of the proceedings of Aam Sabha, held on 08.01.2004, it transpires that it is obvious that name of Sugandha Jha was included by interpolation. I find merit in the submissions made by the Counsel appearing for the petitioner that she was alone eligible candidate for being selected for the post of Anganbari Sevika. However, Respondent No. 8, having lesser marks, as she passed Matriculation Examination in 2nd division, has been given preference over the petitioner for being selected to the post of Anganbari Sevika, despite the fact that she had not applied for the post and her name was subsequently included by interpolation. For reasons stated above, selection of 4 Respondent No. 8 for the post of Anganbari Sevika, Mahrail Panchayat, Sundar Mandal Door Centre is quashed. Respondent No. 2, District Magistrate, Madhubani and the District Welfare Officer, Madhubani is directed to pass necessary orders regarding selection of the petitioner for the post of Anganbari Sevika and allow her to join the post for discharging the duties. Necessary orders in favour of the petitioner will be issued by the Respondents immediately after communication / production of the Order. SKM (Mridula Mishra, J.)