IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8552 of 2007 MAMTA KUMARI, wife of Brajendra Kumar, resident of village Kharika, P.O. Pakhhnaha, Sri Ram, Via Kanti, District Muzaffarpur … Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner cum Secretary, Social Welfare, Govt. of Bihar, Patna 3. District Magistrate cum Collector, Muzaffarpur 4. District Development Commissioner, Muzaffarpur 5. District Welfare Officer, Muzaffarpur 6. Child Development Officer, Minapur, District Muzaffarpur 7. Manisha Kumari, wife of Dinesh Kumar Yadav, resident of village Kharika, P.O. Pakhhaha Sri Ram, Via Kanti, District Muzaffarpur … Respondents. ----------- 2. 27.11.2009 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “ A) To issue a writ of mandamus or any other writ or writs, direction or directions, commanding upon the respondents to issue letter of selection/ appointment to the petitioner for the post of Anganbari Sevika of Anganbari Centre (Kharika Jiyalal Sah Ka tola) P.S. and Anchal Minapur in the district of Muzaffarpur who has got highest marks in the merit list than the respondent no.7 who has been selected but the respondents have not selected the petitioner in an arbitrary manner and against the guidelines issued by the Directorate. 2 B) To cancel the selection of the respondent no.7 for the post of Anganbari Sevika of the Anganbari Centre (Jiya lal Sah tola) P.S. and Anchal Minapur, District Muzaffarpur.” Counsel for the petitioner would submit that the petitioner is being disqualified for being considered for her selection and appointment only on the ground that her husband is a Panchayat Sikshak. Counsel would submit that such Panchayat Sikshak receiving a fixed salary of Rs. 4000/- cannot be said to be earning sufficiently so as to disqualify the petitioner for her being engaged as Anganwari Sevika. In the opinion of this Court it is not the quantum of earning or the income of the person in government or a Semi Government service, who is also a the family member of the candidate seeking engagement as Anganwari Sevika, which can be made the deciding criteria, rather the prohibition as introduced by the State Government under the circular is that any dauther-in-law in the area concerned, who is either related to a 3 Government servant/ Semi Government servant or in any way in receipt of some income from any Government sources is totally disqualified to be considered for such engagement as Anganwari Sevika, inasmuch as such assignment has to be given to an unrecognized person, who had no standing for being recognized in society. That being basically the concept of scheme, this Court can not enter into the comparative scope of income as it is only the person amongst below poverty line who would qualify for the selection and appointment on the post of Anganwari Sevika. A wife of a Panchayat teacher having regular inflow of monthly income cannot say that she belongs to below poverty line. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/