IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11666 of 2009 MANJU KUMARI WIFE OF SRI CHAND SHEKHAR MAHTO, RESIDENT OF VILLAGE- BAGHA, WARD NO-1, P.O. SUHRIDYA NAGAR, P.S.- BEGUSARAI TOWN, DISTRICT- BEGUSARAI. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR I.C.D.S. DIRECTORATE, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR,PATNA. 3. THE DISTRICT MAGISTRATE, BEGUSARAI. 4. THE SUB- DIVISIONAL OFFICER, BEGUSARAI. 5. THE BLOCK DEVELOPMENT OFFICER, BEGUSARAI. 6. THE CHILD DEVELOPMENT PROJECT OFFICER, BEGUSARAI. 7. THE EXECUTIVE MAGISTRATE, SADAR BEGUSARAI. 8. THE DISTRICT WELFARE OFFICER, BEGUSARAI. 9. THE HEADMASTER, GOVT. HIGH SCHOOL BAGHWADHA, BEGUSARAI. 10. THE MEMBER OF SUKH-SUBIDHA COMMITTEE, VILLAGE- BAGHA. 11.THE PANCHAYAT SECRETARY VILLAGE- BAGHA. 12.REENA KUMARI W/O MITHILESH MAHTO, VILLAGE- BAGHA, WARD NO.1, P.O.- SUHRIDYA NAGAR, P.S.- BEGUSARAI TOWN, DISTRICT-BEGUSARAI. ... ... RESPONDENTS. ----------- 2. 8.9.2009. Petitioner was an applicant for the post of Aanganwadi Sevika at a centre situate in Ward No.1 of Bagha Nagar Panchayat within Begusarai Block and ignoring her better claim, private respondent no.12 has been appointed although she was not qualified in view of her date of birth as recorded in the information received from Deputy Secretary- cum-Public Information Officer, Bihar School Examination Board dated 17.12.2008 (Annexure- - 2 - N.H./ E) and letter received from the Principal of Mandan Mishra Sanskrit Mahavidyalaya (Annexure-G). According to the learned counsel for the petitioner, if the two different date of birth as indicated in Annexures E & G is considered by the authorities, private respondent no.12 could not have been appointed and petitioner being placed just below her would have been appointed. Let the petitioner assail the appointment of private respondent no.12 on the post of Aanganwadi Sevika of the aforesaid centre by filing a representation before the District Programme Officer, who should consider the same in accordance with law as early as possible in any case within one month from the date of receipt of the representation along with a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.) - 3 -