IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11977 of 2007 MIRA DEVI wife of Prakash Yadav, resident of village Simrakura, P.O. Balia Mahara, P.S. Banka, District Banka. Versus 1.THE STATE OF BIHAR 2.The Commissioner, Bhagalpur Division, Bhagalpur. 3.The Collector, Banka, District Banka. 4.The Welfare Officer, Banka, District Banka. 5.The C.D.P.O. Banka, Block Banka District Banka. 6.The B.D.O. Block Banka, District Banka. 7.Panchayat Sewak, Gram Panchayat Lodham, P.S. Banka, District Banka. 8.The Mukhiya Gram Panchayat Lodham, P.S. Banka District Banka. 9.Punam Devi, wife of Puspendra Kumar, resident of Baliaq, Mahara, P.O. Balia Mahara, P.S. Banka, District Banka. ----------- 2 4/12/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “I.For issuance of writ of Mandamus commanding the Respondent authorities particularly the Collector, Banka (Respondent no.3) and the C.D.P.O. Banka (respondent no.5) to produce the order passed by the Collector, Banka by which the selection of petitioner on the post of Anganwari Sevika has been cancelled which was resolved and selected as per unanimous decision of Aam Sabha dated 29.3.2007 on the basis of merit list and further for issuance of writ of certiorari for quashing the same order of cancellation of selection of petitioner passed by the Collector Banka. II.For issuance of writ of Mandamus commanding the respondents authorities particularly the C.D.P.O. Banka (respondent no.5) to produce the 2 letter of selection of Punam Devi (respondent no.9) and further for issuance of writ of certiorari for quashing the aforesaid order of selection of respondent no.9 on the post of Angan Bari Sevika. III.For issuance of writ of Mandamus commanding the respondent authorities to select the petitioner on the post of Angan bari Sevika and issue the selection letter to her (petitioner) as per the resolution of Aam Sabha dated 29.3.2007 permitting her to run the Angan Bari Centre. IV.For issuance of direction commanding the respondent authority directing them not to allow the Punam Devi (respondent no.9) to work on the post of Aangan Bari Sevika.” Counsel for the petitioner, however, on being asked as to whether the petitioner had exhausted the remedy of appeal before the Divisional Commissioner would fairly submit that he had not filed such appeal against the order which has been passed by the Collector of the district with regard to the aforementioned grievance pertaining to selection/appointment of Anganbari Sevika. In that view of the matter, this Court would give liberty to the petitioner to file an appeal wherein all the issues relating to selection and appointment on the post of Anganbari Sevika would be raised and the Commissioner of the Division would dispose of the same within a period of six months from the date of receipt of such representation by a speaking order, after giving an opportunity of hearing to the petitioner, respondent no.9 3 as also the representative of the concerned Gram Panchayat. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)