IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10377 of 2007 SARITA KUMARI Wife of Mahesh Kumar, resident of village Kakan, P.S.+District Jamui. Versus 1.THE STATE OF BIHAR through the Secretary, Department of Welfare, Govt. of Bihar, Patna. 2.The Director, Department of Welfare, Bihar, Patna. 3.The District Magistrate, Jamui. 4.The Block Development Officer, Jamui. 5.The District Welfare Officer, Jamui. 6.The Child Development Project Officer, Jamui. 7.The Mukhiya, Gram Panchayat Raj, Kakan, District Jamui. ----------- 2 1/12/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this application is being filed for a direction to the Respondents authorities to appoint the petitioner as „Anganbari Sevika‟ at the Centre of Pachponia Yadav tola Ward No.11, Kakan, Jamui.” With reference to the aforementioned prayer counsel for the petitioner would submit that earlier when the Gram Sabha had made illegal selection and consequently appointed one Babita Kumari, the same was cancelled on a complaint made by the petitioner, but thereafter no fresh selection has been made till date, as a result whereof the petitioner, despite being eligible and most suitable amongst the candidates considered by the Gram Sabha for the centre in question, has not been appointed. In the opinion of this Court, whatever has been written by the petitioner in her earlier representation as annexed with this writ 2 application does not specifically give any inkling to the aforementioned oral submission made by counsel for the petitioner. In that view of the matter, this Court without expressing any opinion on the merits of such oral submission of counsel for the petitioner would give liberty to the petitioner to file a representation before the Collector of the district, who will now look into the aspects as to whether after cancellation of appointment of Babita kumari the Gram Sabha in question had started a fresh exercise or whether any one has been selected or appointed as Anganbarri Sevika. It is only when if the Collector of the district would find that no fresh selection and appointment has been made till date after removal of Babita Kumari that he would direct for immediate convening of meeting of the Gram Sabha through the C.D.P.O. of the area in question It is, however, made clear that if after removal of Babita Kumari any fresh selection and appointment has already been made the same will not be disturbed on the strength of this order. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)