IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12629 of 2010 1. MADHURI KUMARI W/O SHRI RAJESH PRASAD R/O VILL.- CHHOTI PALI, P.O.- CHHOTI PALI, P.S.- NARHAT, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER & SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE COMMISSIONER, MAGADH DIVISION, GAYA. 4. THE DISTRICT MAGISTRATE, NAWADAH. 5. THE DISTRICT PROGRAMME OFFICER, NAWADAH. 6. THE CHILD DEVELOPMENT PROJECT OFFICER, NARHAT, DISTT.- NAWADAH. 7. THE MUKHIYA, GRAM PANCHAYAT - PALI KHURD NARHAT BLOCK, DISTT.- NAWADAH. 8. THE PANCHAYAT SECRETARY GRAM PANCHAYAT- PALI KHURD, NARHAT BLOCK, DISTT.- NAWADAH. ----------- For the petitioner:- Arun Kumar, Advocate For the State:- Mr. Ajay S.C. 11 --------------------------- 2. 04.04.2011 Every community must get its due share of quota so long as we do not become an egalitarian society. Annexure-1 is the order passed by the District Magistrate, Nawadah. This order which has been passed on due adjudication which initially related to the removal of one Kumari Nibha Sinha who was appointed as a Anganwari Sewika in what is known as Narhat Prakhand of Pali Panchyat of Village Chooti Pali in the District of Nawada. The Court is not required to look into the reasons or the infirmity found in appointment of Kumari Nibha Sinha because that issue has not 2 been raised by the present petitioner who came to be subsequently appointed as a Anganwari Sevika on the ouster of Kumari Nibha Sinha. It is during the course of adjudication that the District Magistrate also came to a considered opinion that even in the case of selection of the present petitioner the Aam Sabha did not follow due procedure laid down under the guidelines issued by the State with regard to the selection of Anganwari Sewika because the widest publicity was not given. Admitted position is that in the mapping register the area in question is dominated by minority community and it is surprising, that no minority community has come forward to stake her claim for appointment as a Anganwari Sewika. Finding is that the widest publicity was not given and the petitioner came to be selected, which was not in consonance with the requirements of such selection. A counter affidavit has been filed on behalf of the State which is in support of the decision rendered by the District Magistrate. Their stand is that due to lack of adequate publicity the rightful claim of the minority community of that area has been taken away and petitioner came to be appointed in a manner which is not totally above 3 Board. There is no denial by the petitioner that the area in which she was appointed is dominated by a minority community but submission is made that based on the proceedings which has been annexed with the writ petition, it is evident that because no body turned up despite advertisement having been issued in the newspaper “Hindustan” the authorities had to finally settle down for the petitioner. Petitioner cannot be faulted for such appointment. The project under the Child Development Scheme has not been created with the object of employment to the unemployed. It has a very important social objection of reaching out to such sections of community whose children suffer from malnourishment. It is to ensure that the children of that area grow up to be healthy citizens both in their mind as well as body. We are all aware that mal nourishment is one of the major problems which inflicts children of such families who do not have proper and adequate beginnings in their life. More than 6 decades have passed since independence. Despite the best efforts made by political parties and political leadership even the basic of essential have not been provided to one and 4 all. The disparity between minority and majority community still subsists so does the misgivings. It is due to these factors that in the scheme of things the post of Anganwari Sewika has to go to the person who belongs to the majority of the population of the area where she is supposed to operate. The Anganwari Sewika must have free access to each and every household to motivate the households to avail the facility of the scheme. This Court has certain reservations in accepting the stand of the petitioner that no body from the minority community voluntarily came forward to claim for appointment on the post of Anganwari Sewkia and therefore, the Aam Sabha had no option but to select her. This Court is in agreement with the findings given by the District Magistrate that no widest of publicity was given for such selection process and that was the reason behind the non- selection from a minority community. This Court is of the opinion that the District Magistrate, Nawadah should ensure that the guidelines laid down in clause 6 which also deals with giving the widest of publicity must be ensured this time by personally ensuring that the authorities 5 concerned act responsibly and fairly to give a chance to the target group. Even after such an exercise if there are no claimants from the minority community then there could be an occasion to allow the petitioner to continue on the post despite the impugned order having been passed against her on 10.7.2010. If there are people to respond who fulfill the criteria from the minority community then it will be in the interest of the object of the scheme to select a person from a minority community. This writ application is disposed of with the above observations. Let a copy of this order be sent to the District Magistrate, Nawadah for needful, who shall ensure that the exercise in question is completed within a reasonable and speedy time frame. Anand Kr. ( Ajay Kumar Tripathi, J.)