IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8474 of 2007 BABY KUMARI wife of Soni Kumar Singh @ Rabindra Kumar Singh, resident of village Kalyanpur Bhushka, P.O. Shobhnathpur, P.S. Kahalgaon, Dist. Bhagalpur. Versus 1.THE STATE OF BIHAR 2.District Magistrate, Bhagalpur. 3.Block Development Officer, Kahalgaon Block P.S. Kahalgaon, District Bhagalpur. 4.Child Development Project Officer, Kahalgaon Block, P.S. Kahalgaon, District Bhagalpur. 5.Mukhiya Gram Panchayat Lagama, P.O. and P.S. Kahalgaon, District Bhagalpur. 6.Guddi Kumari wife of Late Rajesh Kumar Singh resident of Kalyanpur Bhushaka, P.O. Shobhnathpur, P.S. Kahalgaon, District Bhagalpur. ----------- 2 26/11/2009 Heard the parties. Counsel for the petitioner with reference to the following relief, “That this writ application is being filed for issuance of an appropriate writ/order/direction in the nature of writ of mandamus commanding the concerned respondents to appoint the petitioner on the post of Anganwari Sevika under Lagama Panchayat and further restrain the respondents for making any appointment on the said post till the final decision of this writ application.” would submit that from the records and the stand taken in the counter affidavit as well it would be more than clear that the rule of the game were changed after it had already commenced. He would explain this aspect by taking a plea that the only reason for disqualifying the petitioner from the zone of consideration in course of selection amongst only two candidates, namely, the petitioner and respondent no.6, was that the residential certificate submitted by the petitioner had been cancelled by the Block Development Officer vide 2 his letter No.956 dated 21.6.2007, whereas, the same Block Development Officer by his letter dated 955 dated 21.6.2007 had asked the Mukhiya of the Gram panchayat to submit a clear report as with regard to allegation of the petitioner being not resident of Bhagalpur district and being still resident of Banka district. Counsel, in fact, would also invite attention towards the fact that the Block Development Officer, Kahalgaon after issuing residential certificate in favour of the petitioner on 18.6.2007 had acted in haste in staying its operation on a public petition vide his letter no. 943 dated 19.6.2007, on the ground that certain objections were received as with regard to the aforementioned residential certificate issued in favour of the petitioner. He would also point out that when on 21.6.2007 the Block Development Officer had in course of his enquiry had directed the Mukhiya of the Gram Panchayat to submit his report on such public petition he ought to have waited for its reply instead of rushing to conclude and that too on the same day by relying on some enquiry report of the Circle Officer as also on some public petition of 80 residents of Kahalgaon block stating that the petitioner was resident of Banka district. Counsel for the petitioner, in fact, would also submit that not only the petitioner was married to Soni Kumar Singh @ Rabindra Kumar Singh, a permanent resident of village Kalyanpur Bhushka in Kahalgaon police station in the district of Bhagalpur, but name of her husband was existing in the concerned voter list of Bhagalpur district which by itself would be prima-facie proof of the petitioner being also resident of the same place as of her husband in 3 presence to the name of the petitioner shown in the voter list of Banka district. Counsel, therefore, would submit that when the petitioner had much higher marks (53%) as against the sole rival claimant respondent no.6 (41%), her being eliminated on the ground of residential certificate was/is illegal and arbitrary and as the petitioner has already filed her representation, as against the aforementioned the vitiated selection and engagement of Respondent no.6 as Anganbari Sevika, before the Collector of the district which is still pending, she had no option but to file this writ application. In the opinion of this Court, since the official respondents have already admitted the aforesaid facts in their counter affidavit it must be held that the petitioner has a convincing prima- facie case in her favour. This Court, however, would not express its any final opinion n merits without considering the pleas in defence of respondent no.6 who has not appeared in this case, specially when it would also appear that the matter is still pending before the Collector of the district who being the final authority is expected to look into all these aspects. This Court accordingly instead of issuing notice to respondent no.6 or keeping the matter further pending, would therefore direct the Collector of the district to look into the entire issue relating to rejection of case and claim of the petitioner for the post of Anganbari Sevika and if he finds that the petitioner was intentionally elbowed out from the race in order to accommodate the sole remaining candidate, respondent no.6, he would, after affording an opportunity of personal hearing to the petitioner, respondent no.6 as 4 also representative of the concern Gram Panchayat, pass a reasoned order preferably within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that if the Collector of the district comes to a finding that selection of the petitioner was left out only on account of illegal cancellation of her residential certificate, he would cancel the entire selection and resultant appointment of respondent no.6 and direct for convening a fresh meeting of Gram Sabha as well as also direct the Block Development Officer, Kahalgaon to issue fresh residential certificate in favour of the petitioner on the basis of petitioner being married to Soni Kumar Singh @ Rabindra Kumar Singh, admittedly permanent resident of that village and his name also finding place in the voter list. The Gram Sabha in terms will reconsider the case of the petitioner, respondent no.6 and any other eligible candidate who might now have become eligible, in view of the fact that the Gram Sabha will have to make a fresh selection on the post of Anganbari Sevika. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)