IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11929 of 2008 BINDA DEVI W/O SHIV AYODHYA LAL, RESIDENT OF VILLAGE-GULAB CHAPRA, P.O.-MATUKPUR, P.S.- BARHARA, DISTT-BHOJPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ARA, BHOJPUR. 3. THE SUB DIVISIONAL OFFICER, ARA,BHOJPUR. 4. THE DIRECTOR, D.R.D.A. BHOJPUR. 5. THE CHIEF DEVELOPMENT PROGRAMMING OFFICER, (C.D.P.O.), BHOJPUR. 6. MUKHIA, GRAM PANCHAYAT GULAB CHAPRA,BHOJPUR. 7. PANCHAYAT SECRETARY, GULAB CHAPRA, BHOJPUR. 8. ASHA DEVI W/O GAURI SHANKAR BARI, RESIDENT OF VILLAGE- GULAB CHAPRA, P.O.-MATUKPUR, P.S.-BARHARA, DISTT-BHOJPUR. ... ... RESPONDENTS ----------- With CWJC No.9600 of 2009 (SMT.)ASHA DEBI, W/O SHRI GOURI SHANKAR BARI, A RESIDENT OF VILLAGE-GULAB CHAPRA, P.O.- MATUKPUR, P.S.-BARHARA, DISTT.-BHOJPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY TO GOVT. OF BIHAR IN THE DEPARTMENT OF SOCIAL WELFARE, BIHAR, PATNA. 2. THE COLLECTOR, BHOJPUR, ARA. 3. THE DISTRICT PROGRAMME OFFICER, BHOJPUR,ARA. 4. THE C.D.P.O.,BARHARA, BHOJPUR, ARA. 5. BINDA DEVI, W/O SRI SHIV AYODHYA LAL, R/O VILL.- GULAB CHAPRA, P.O.-MATUKPUR, P.S.-BARHARA, DISTT.-BHOJPUR, ARA. 6. BHARTIYA SHIKSHA PARISHAD, UTTAR PRADESH, MATIYARI, CHINHAT, FAIZABAD ROAD, LUCKNOW. ... ... RESPONDENTS. ----------- 2. 17.8.2009. Binda Devi has approached this Court for a direction to the State respondents to cancel the selection of private respondent no.8 Asha Devi as Aangan Bari Sevika on the ground that she is matric from Bhartiya Shiksha Parishad, Uttar Pradesh, which is not - 2 - recognized by the State of Bihar. 2. During the pendency of the writ petition filed by Binda Devi, the appointment of respondent no.8 Asha Devi on the post of Aangan Bari Sevika has been cancelled by the District Magistrate, Bhojpur, Ara under order bearing Memo No.283 dated 24.7.2009 on the ground that the matriculation certificate produced by Asha Devi from Bhartiya Shiksha Parishad, Uttar Pradesh is not recognized by the State Government. Such fact about lack of recognition is being disputed by the counsel for Asha Devi and for quashing the order dated 24.7.2009, Asha Devi has filed C.W.C.J. No.9600 of 2009. This Court may have proceeded with the matter itself and asked the authorities to file counter affidavit stating whether Bhartiya Shiksha Parishad, Uttar Pradesh has been duly recognized by the State of Bihar but instead of seeking verification from the authorities of the State Government, this Court deems it expedient to direct the Divisional Commissioner, Patna to ascertain from the appropriate department of the State - 3 - Government as to whether Bhartiya Shiksha Parishad, Uttar Pradesh has been validly recognized by the State Government. For such purpose, I direct Asha Devi to assail the order bearing Memo No.283 dated 24.7.2009 before the Divisional Commissioner, Patna on or before 21st August,2009 and thereafter to appear before the learned Commissioner on 22nd of August,2009. Binda Devi should also appear before the learned Commissioner and assist him in investigation of the aforesaid question of recognition of Bhartiya Shiksha Parishad, Uttar Pradesh by the State Government. Learned Commissioner shall proceed with the investigation of the recognition matter by seeking necessary report from the Human Resource Department of the State Government and pass appropriate orders as early as possible in any case within one month from 22nd of August,2009. 3. During the pendency of the appeal before the learned Commissioner, the parties are at liberty to apply for interim relief as to who out of the two shall serve the centre during the intervening period. - 4 - N.H./ Both these writ applications are, accordingly, disposed of. ( V.N. Sinha,J.)