IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.437 of 2007 MUNNI KUMARI, wife of Sri Gajendra Kumar Singh, resident of village Mohammadganj (Tola Shankar Pathi) P.S Chhatapur, District-Supaul Versus 1. The State Of Bihar through the Secretary Department of Social Welfare, Govt. of Bihar, Patna 2. The Director, Directorate of Social Welfare, Govt. of Bihar, Patna 3. District Magistrate, Supaul 4. Deputy Development Commissioner, Supaul 5. The Sub-Divisional Officer, Supaul 6. The Executive Magistrate, Supaul 7. The Block Development Officer, Chhatapur, Supaul, Distt-Supaul 8. The Child Development Officer, Chhatapur, Supaul, District, Supaul 9. Smt. Chandan Devi, w/o Manoj Kumar Yadav, resident of village Muhammad Nagar, P.S. Chhotapur District- Supaul .. Respondents ----------- For the appellant :- Ram Bahadur Jha, Advocate For the respondent-State :- Shashi Bhushan Kumar, S.C-16 3 29.04.2011 The present appeal has been filed against the order dated 11.04.2007 passed in C.W.J.C. No.14354 of 2005, whereby the appellant has chosen to question the selection of respondent no.9, Smt. Chandan Devi, as Anganbari Sevika of centre no.3, Rishideo Tola on the ground that she was under age on the date of selection. But, however, the learned Single Judge having found that there is no provision under law or in the decision with regard to fixation of age has chosen to dismiss the writ petition in limine. The learned counsel for the appellant 2 has urged that respondent no.9 was under age at the time of selection. But, however, as the selection of Anganwari Sevika is made under a scheme of the Central Government which is a time bound scheme of the central Government, we are of the opinion that such facts cannot be agitated under Article 226 of the Constitution of India. However, we made it clear that the authority concerned shall consider the application of the appellant in case she applies for selection of Anganbari Sewika in any of the existing vacancies and his application should be considered entirely on its own merits in accordance with the scheme. With the above observation, this L.P.A. is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)