IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8077 of 2007 SONI KUMARI, wife of Rakesh Kumar Giri, resident of village Raypur (Giritol), Panchayat Raypur Ward No.8, Block +P.S. Ujiarpur, District Samastipur … Petitioner Versus 1. THE STATE OF BIHAR 2. Director Social Welfare Department (Directorate of Integrated Child Development Service Scheme), Bihar, Patna 3. District Magistrate, Samastipur 4. S.D.M. Dalasingsarai 5. District Welfare Officer, Samastipur 6. Child Development Project Officer, Ujiarpur Block, District Samastipur 7. Rajeshwari Devi, Mukhiya Gram Panchayat Raj Raypur Block Ujiarpur, District Samastipur 8. Kedar Chaudhary, Secretary cum Panchayat Sevak Raypur Gram Panchayat Block Ujiarpur District Samastipur 9. Gita Devi, wife of Binod Kumar Singh, resident of Raypur Mahadeosthan Block Ujiarpur, District Samastipur … Respondents. ----------- 2. 26.11.2009 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This writ application is being filed for issuance of the appropriate writ order or direction to respondents to appoint the petitioner on the post of Anganbari Sevika in preference to respondent no. 9 in view of the following facts and circumstances of the case.” With regard to the aforementioned 2 relief counsel for the petitioner would submit that the only grievance of the petitioner as against the selection and appointment of respondent no.9 is with regard to mapping of the area pertaining to the centre in question. He sought to explain that the majority of the population is of general category and yet the selection and appointment has been made of a candidate of backward category which is not permissible as per the provisions made in the Government circular. Counsel in this regard would also draw attention of this Court towards a representation filed to the Collector of the District on 15.3.2006 and before Janta Darbar (S.D.O., Dalsingsarai) on 23.5.2007. In the opinion of this Court the grievance of the petitioner whether genuine or otherwise was required to be looked into by the Collector of the District in terms of the Government circular which has made the Collector the prescribed authority for looking the grievance pertaining to selection/ appointment on the post of Anganwari Sevika. Counsel for the State is not in a 3 position to assist this Court and the only prayer of the learned counsel is that this matter should be adjourned for enabling the State to file its counter affidavit. Such prayer of the learned counsel for the State has to be only noted for its being rejected, inasmuch as this writ application was filed after service of two copies of the writ petition on 11.7.2007 and if the respondents do not find a period of 2½ years to be sufficient for filing of the counter affidavit this Court cannot keep on waiting for the respondents to file their counter affidavit. That being so, this Court would direct the Collector of the District to examine the case of the petitioner provided the petitioner produces written proof of filing of the earlier representation as claimed in this writ application. In the event a copy of such representation was filed by the petitioner before the Collector before moving this Court, the Collector of the district would be under obligation to examine the same and pass an appropriate order but only after giving opportunity of 4 hearing to the petitioner, respondent no.9 and the representative of the concerned Gram Panchayat. Such exercise should be completed within a period of six months from the date of receipt/ production of a copy of this order alongwith the written proof of filing of the representation by the petitioner. Let it be made clear that this Court has not expressed any opinion on the merits of the case of the petitioner and therefore, it would be open for the Collector of the District to take independent decision strictly in accordance with the Government circular. With the aforementioned observations and directions, this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/