IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2488 of 2010 1. CHHAYA BHARTI W/O SRI PRAPHUL KUMAR R/V- BAROHAUNA,P.O- BAROHAUNA, P.S- KARAKAT, DISTT- BANKA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER BHAGALPUR DIVISION, BHAGALPUR 3. THE DISTRICT MAGISTRATE, BANKA, DISTT- BANKA 4. THE DEPUTY DEVELOPMENT COMMISSIONER, BANKA, DISTT- BANKA 5. THE DISTRICT WELFARE OFFICER, BANKA, DISTT- BANKA 6. THE CHILD DEVELOPMENT PROJECT OFFICER, BARAHAT, DISTT- BANKA 7. THE PANCHAYAT SEWAK MIRJAPUR, CHANGERI GRAM PANCHAYAT, P.S- BARAHAT, BLOCK-BARAHAT, DISTT- BANKA 8. THE MUKHIYA OF MIRJAPUR PANCHAYAT, BLOCK- BARAHAT, DISTT- BANKA ----------- 02. 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 17.9.2009 passed in Miscellaneous Appeal Case No. 01/2008-09 by the Commissioner, Bhagalpur Division, preferred by one Uttama Devi setting aside the order of the District Magistrate, Banka dated 17.12.2007. The District Magistrate had rejected the complaint, affirming the appointment of the petitioner as an Anganbari Sewika under the 1998 Circular regulating the same. While questioning the order of the Commissioner, the petitioner has not impleaded the appellant Uttama Devi as party respondent, even during the proceedings, no such prayer was made or leave sought. The present writ application is not 2 maintainable and suffers from serious non-joinder of parties. However, this Court considers it proper to dispose off the by a reasoned order so as to bring the litigation to an end, in view of the direction of the Commissioner for fresh selection from the erstwhile applicants, failing which fresh applications are to be invited. Learned counsel has raised an issue that the Circular of 1998 was not restricted in its operation to appointment of Anganbari Sewikas from below the poverty line only, but that the restriction was only with regard to the beneficiaries. The Circular dated 13.6.1998 has to be read in its entirety to understand its true meaning, purport and scope in context of a welfare scheme for the poor and the downtrodden. It provides that initially a mapping shall be done of the block or the target area according to the guidelines to identify, who were the most poor and weak living below the poverty line, in such an area requiring upliftment and for which purpose it was necessary to establish an Anganbari Kendra. After the mapping was done, the beneficiaries were to be identified from those living below poverty line. The qualifications for an Anganbari Sewika 3 provides that she must be a resident of same village and must be from the same category as the beneficiaries of the area for which she was being appointed. That leaves this Court in no doubt that the candidate for the post of Anganbari Sewika had herself to be from below the poverty line. The interpretation put by the Commissioner on the Circular by the appellate order is therefore correct. The writ application is dismissed. P.K. (Navin Sinha, J.)