IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8944 of 2008 SMT.REKHA DEVI, W/O MAHABIR SAH, R/O VILLAGE- GAIGHAT, P.O.&P.S.-GAIGHAT, DISTRICT- MUZAFFARPUR. ........PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WELFARE, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 3. THE CHILD DEVELOPMENT PROJECT OFFICER, GAIGHAT, MUZAFFARPUR-CUM-CHAIRMAN, OF THE SELECTION COMMITTEE OF ANGANWARI SEVIKA/SAHAYIKA. 4. SELECTION COMMITTEE OF ANGANWARI SEVIKA/SAHAYIKA ANCHAL AND P.S.-GAIGHAT, DISTRICT-MUZAFFARPUR THROUGH PANCHAYAT INCHARGE-CUM-INVESGILATOR-CUM-CONVENOR. 5. THE MUKHIYA, JARANG EAST PANCHAYAT, P.O.- JARANG DYORHI, P.S. AND ANCHAL-GAIGHAT, MUZAFFARPUR. 6. SMT. MANORMA DEVI @ MANORAMA GUPTA, W/O UMESH SAH, R/O VILLAGE AND P.O.-GAIGHAT, P.S. AND ANCHAL-GAIGHAT, DISTRICT-MUZAFFARPUR. 7. SMT. RENU KUMARI, W/O BAIJU SAH, R/O VILLAGE AND P.O.-GAIGHAT, P.S. AND ANCHAL- GAIGHAT, DISTRICT-MUZAFFARPUR. .......RESPONDENTS. ----------- 2 22.04.2011 From the impugned order (Annexure-1) passed by the Collector, it appears that the complaint of the petitioner has been rejected only on the ground that she was an applicant only for the post of Sahayika. Therefore, her case was not rightly considered for the post of Sevika. Learned counsel draws the attention of this Court to a document annexed as Annexure-2 with the writ application to show that she was an applicant for the post of 2 Sevika also. He also draws the attention of this Court to Annexure-C with the counter affidavit to show that the respondent Renu Kumari was wrongly selected for the post of Sevika as in the category of Sahayika it was mentioned that she did not belong to backward category whereas the post of Sevika was reserved for backward category. The submission of learned counsel for the petitioner essentially requires examination of facts from the records. Therefore, it will be appropriate for the petitioner to file an appeal before the Commissioner in terms of the Guidelines. If such an appeal is filed before the Commissioner by the petitioner notices shall be issued to the parties, giving them opportunity to be heard, the records shall be called for and shall be examined and thereafter the appeal shall be decided finally on merits preferably within a period of two months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)