IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11293 of 2007 DEORANI KUMARI, Wife of Shankar Kumar Das, resident of Village- Fatehpur, P.O.-Gangangia, P.S.-Sultanganj, District-Bhagalpur. .................... Petitioner Versus 1. THE STATE OF BIHAR. 2. The Director of Welfare, Govt. of Bihar, Patna. 3. The Commissioner, Bhagalpur. 4. The Collector, Bhagalpur. 5. The Child Development Programming Officer, Sultanganj. 6. The Block Development Officer, Sultanganj, Bhagalpur. 7. Geeta Bharti, wife of Sanjay Mandal, resident of Village-Fatehpur, P.S.- Sultanganj, District-Bhagalpur. At present Mukhia of Gangania Gram Panchayat, Gangania, Bhagalpur. 8. Anita Kumari, wife of Prabhakar Kumar Das, resident of Village-Fatehpur, P.O.-Gangania, P.S.-Sultanganj, District-Bhagalpur. ........................ Respondents. ----------- 2 4.12.2009 Heard the learned 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 an appropriate writ or writs preferably in the nature of Mandamus commanding the respondents to appoint the petitioner to the post of Sevika with respect to Das Tola Anganbari Centre, Fatehpur, Ward No.15 under Gangania Panchayat within the District of Bhagalpur and further to quash the appointment of respondent no.8 who has been selected for the post.” With regard to the aforementioned prayer, learned Counsel for the petitioner submits that the respondent no.8 was selected and appointed as Anganbari Sewika in preference to the petitioner for no justifiable reason. In this context it has been contended that both the petitioner and respondent no.8 were earlier 2 working as Sahayika at Ram Janki Mandir, Centre No.10, Fatepur, but when a new centre came into existence in the eyear,2007 and vacancies of Anganbari Sewika was sought to be filled up both of them had applied for the said post as is also apparent from Annexure-1 to the writ application showing receipt of the application of the petitioner on 2.4.2007. Counsel therefore would submit that respondent no.8 had a chequered history and still she was selected and appointed as Anganbari Sewika in the new Centre in preference to the better claim of the petitioner. Counsel for the petitioner, however, could not satisfy this Court as to whether in the year,2007 when the petitioner had filed her application to the post of Anganbari Sewika for the Centre, Das Tola, Fatehpur, she was eligible as per eligibility criteria, as laid down by the State Government in the guidelines on the subject. Infact this Court would find from the Guidelines on the subject that the petitioner, in view of holding her earlier post of Anganbari Sahayika at Centre Ram Janki Mandir, Fatehpur, was not eligible for seeking another appointment as Anganbari Sewika. This Court however would not go into question with regard to similar ineligibility of respondent no.8 in her absence. It is however clear that the petitioner herself being ineligible for selection and appointment on the post of Anganbari Sewika cannot get the relief as prayed by her in this writ application inasmuch as the special scheme makes no provision for the transfer or 3 appointment from one post to another. Nonetheless as the grievance of the petitioner now only remains against selection and appointment of respondent no.8, who according to the petitioner she was already working as Anganbari Sewika in Ram Janki Mandir Centre No.10 and was yet selected, appointed and allowed to take up a new assignment of Anganbari Sewika at new Anganbari Centre- Das Tola, Fatehpur this Court would direct the Collector, Bhagalpur to look into only this aspect. If he would find that selection and appointment of respondent no.8 in view of his holding earlier appointment is not permissible he would pass an appropriate order but only after affording opportunity of hearing to the petitioner, Respondent no. 8 and the representative of the concerned Gram Panchayat. It is however made clear that no benefit would be extended to the petitioner who has now confined this writ application only in respect of selection and appointment of Respondent no. 8 on the post of Anganbari Sewika, Das Tola, Anganbari Centre, Fatehpur Ward No. 15 under Gangania Gram Panchayat in Bhagalpur district. With the aforesaid observation/direction this application is dismissed. Anilkrsinha (Mihir Kumar Jha, J.)