IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10939 of 2009 SMT.ANJUM AARA WIFE OF MD. FAIAZ, RESIDENT OF VILLAGE- MINAPUR, P.S.-NARHAT, DISTRICT NAWADAH. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY WELFARE, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, GOVT. OF BIHAR, DEPTT. OF WELFARE, PATNA. 3. DIRECTOR I.C.D.S. GOVT. OF BIHAR, PATNA. 4. DISTRICT MAGISTRATE, NAWADAH. 5. DISTRICT PROGRAMME OFFICER, NAWADAH, DISTT.-NAWADAH. 6. CHILD DEVELOPMENT PROJECT OFFICER, NARHAT, NAWADAH, DISTT.- NAWADAH. 7. MUKHIYA CHOTA SHEIKHPURA GRAM PANCHAYAT, DISTT.-NAWADAH. 8. PANCHAYAT SECRETARY, CHHOTA SHEIKHPURA GRAM PANCHAYAT, DISTT.-NAWADAH. 9. SHAMSAD BANO WIFE OF MD. UMAR FARUQUE, RESIDENT OF VILLAGE-JHIKARUA TOLA MINAPUR, P.S.-NARHAT, DISTT.-NAWADAH. ... ... RESPONDENTS. ----------- 2. 31.8.2009. Petitioner was appointed as Aanganbari Sevika. Her appointment has been cancelled at the instance of private respondent no.9 by the District Programme Officer under order bearing Memo No.841 dated 29.12.2008 (Annexure-5) directing the Aam Sabha to take steps for fresh appointment on the post. Against the order passed by the District Programme Officer, petitioner approached the District Magistrate, Nawadah, who disposed of the appeal/representation filed against the order of the District Programme Officer and affirmed the directions - 2 - contained in Annexure-5. It is submitted on behalf of the petitioner that private respondent no.9 is illiterate although ostensibly she is in possession of Faukanya certificate but she is not able to Write Child Development Project Officer in Hindi which fact was considered by the Child Development Project Officer in the report dated 23.6.2008 (Annexure-4). It is also submitted that ignoring such report dated 23.6.2008, the appointment of the petitioner has been cancelled by the District Programme Officer under order bearing Memo No.841 dated 29.12.2008 (Annexure-5) at the instance of respondentno.9. Let petitioner challenge the order dated 29.12.2008 and the order of the Collector dated 28.6.2009 (Annexures 5 and 6) before the Divisional Commissioner, who should consider the same in accordance with law as early as possible in any case within one month from the date of receipt of the representation after condoning the delay in filing the same. Any appointment made in the meanwhile on the post from which petitioner - 3 - N.H./ has been removed shall be subject to the result of the appeal/representation filed by the petitioner. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)