IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6241 of 2005 PUNAM KUMARI, WIFE OF HARISHANKAR SINGH, RESIDENT OF VILLAGE SISWAN NUNIA TOLA, POST SISWAN BAZAR, P.S. PAHARPUR, BLOCK PAHARPUR, DISTRICT – EAST CHAMPARAN AT MOTIHARI. ……………… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY GENERAL OF GOVERNMENT OF BIHAR, OLD SECRETARIATE, PATNA. 2. THE COMMISSIONER CUM SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. DEPUTY DIRECTOR OF WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI. 6. THE DISTRICT WELFARE OFFICER, EAST CHAMPARAN, MOTIHARI. 7. THE SUB-DIVISIONAL OFFICER, ARERAJ, MOTIHARI. 8. THE DEPUTY DEVELOPMENT COMMISSIONER, MOTIHARI. 9. THE CHILD DEVELOPMENT PROJECT OFFICER, BLOCK HARSHIDI, DISTRICT – EAST CHAMPARAN, MOTIHARI. 10. THE BLOCK DEVELOPMENT OFFICER –CUM- C.D.P.O. PAHARPUR BLOCK ARRERAJ, DISTRICT – EAST CHAMPARAN, MOTIHARI. 11. CHAMPA DEVI WIFE OF BINDESHWARI RAM, RESIDENT OF VILLAGE SISWAN CHAUBEY TOLA, WARD NO. 13, BLOCK AND P.S. PAHARPUR, DISTRICT EAST CHAMPARAN AT MOTIHARI. ----------- 04/ 18.05.2011 Heard counsel for the petitioner and counsel appearing for the State. This matter relates to the selection of Anganwari Sevika. Challenging the selection of Respondent No.11 Champa Devi as Anganwari Sevika for Centre No. 110 Paschmi Siswan Tola within gram panchayat Paschim Siswan Block Paharpur in the district of East Champaran, Motihari, this writ application has been filed by the petitioner. Petitioner has challenged the selection of Respondent 2 No. 11 on the ground that arbitrarily C.D.P.O. had issued selection letter in favour of Respondent No. 11 ignoring the proposal of Ama Sabha held on 20.12.2003. Till date counter affidavits have not been filed either on behalf of State or private respondent. In order to find out the correctness of petitioner’s allegation made in the writ application, an enquiry is essential and that can be done by the District Magistrate, East Champaran, Motihari at the local level. Accordingly, this matter is being remanded to the District Magistrate, East Champaran, Motihari to conduct an enquiry on the allegation made by the petitioner regarding illegality in slection of Anganwari Sevika for Centre No. 110 with Gram Panchayat Paschim Siswan. Notices shall be issued in favour of the petitioner, Respondent No. 11, Mukhiya of the concerned Gram Panchayat and the C.D.P.O., fixing a date for their appearance, giving opportunity of hearing to all, looking into the concerned report, the District Magistrate will pass an order within twelve weeks from the date of date of 3 production/communication of this order. In case any illegality in the selection of Anganwari Sevika will be noticed by the District Magistrate, the selection of Respondent No. 11 shall be cancelled and a direction shall be issued for initiating fresh proceeding for selection of Anganwari Sevika. This application is disposed of. DKS/ (Mridula Mishra, J.)