IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9143 of 2004 REKHA DEVI, Wife of Sri Ramesh Choudhary, resident of Village and P.O.-Paliganj, P.S.-Paliganj, District-Patna. … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Social Welfare, Govt. of Bihar, Patna 3. The District Magistrate, Patna 4. The District Welfare Officer, Patna 5. The Subdivisional Officer, Paliganj, Patna 6. The Block Development Officer, Paliganj, Patna 7. The Child Development Project Officer, Paliganj, Patna 8. The Chairman, Zila Parishad, Patna 9. The Zila Parishad, Patna represented through the D.D.C. cum Chief Executive officer, Patna 10. The Ishaque Khan, Mukhia, Panchayat Raj, Paliganj, District Patna 11. Sultana Pravin, wife of Md. Aftab Alam, resident of village Nirakhapur Paliganj West Ward 13, P.S. Paliganj, District Patna 12. Satana Pravej, wife of Md. Mahfooz Alam, Nirakhpur Paliganj, District Patna … Respondents. ----------- 5. 9.11.2009 No one appears for the petitioner. Counsel for the State is present. The prayer in this writ application of the petitioner reads as follows: “I. To issue a writ in the nature of certiorari for commanding the respondents 6 & 7 to cancel the appointments of AANGANBARI SAHAYKA/ SEVIKA of Centre No. 74, 75, 76 of PALIGANJ PUNCHAYAT because the respondents no. 6, 7 and 10 in connivance conspiracy appointed incompetent persons, ignoring the claim of competent persons in complete defiance of the notification dated 25.9.2001 2 bearing letter no. 9/ICDS/12/2001/S.S.K./32 (Annexure 2) letter dated 23.8.2002 bearing letter no. 1900 (Annexure 1). II. To issue a writ in the nature of mandamus commanding the respondents no. 6 and 7 to cancel the appointment of AANGANBARI SEVIKA/ SAHAYIKA of Centre No. 74, 75 and 76 of PUNCHAYAT RAJ PALIGANJ and further issue an appropriate writ in the nature of mandamus commanding the respondent no.2 to 4 directing them to take appropriate legal and disciplinary action against the illegal act of respondent no. 6 and 7 because of the fact that the respondents no. 6 and 7 with the active connivance of respondent no.10 selected the incompetent persons, ignoring the claim of the genuine applicants and beneficiaries. III. To ask an explanation cum show cause from the respondents no. 6, 7 and 10 that under which statutory sanction the power conferred to the social justice committee of Zila Parishad have been abrialgated in selection process of AANGANBARI SAHAYKA AND SEVIKA under Panchayat Raj, Paliganj.” As would be apparent from the 3 reading of the writ application and the other pleadings on record including the two separate counter affidavit filed on behalf of respondent no.7 and respondent no.10 that the main issue involved in this writ application is with regard to eligibility of private respondents as also the procedure followed in their appointment on the post of Anganwari sevika. With reference thereto, the respondents have taken a stand in paragraph 3 of the counter affidavit of respondent no.7, the Child Development Project Officer, which reads as follows: “3. Prior to giving parawise reply of the writ petition it is pertinent to state here that the selection of Anganbari Sewikas/ Sahayikas for the Centres Nirakhpur Pali East (Code No. 74), Nirakhpur Pali West (Code No. 75) and Nirakhpur Pali Middle (Code No. 76) of Gram Panchayat Paliganj under Block Paliganj in the District of Patna was taken up alongwith others as per the guidelines/ circulars/ rules laid down vide Memo no. 1129 dated 13.6.1998 and memo No. 32 dated 25.9.2001 of Welfare Department, Bihar, Patna. It is further humbly stated that 4 the selection process was initiated by giving wide publicity. The Gram Sabha for selection of Anganbari Sewikas/ Sahayikas was held on 27.8.2002 and 23.2.2004 to select the suitable candidate. After due verification of the relevant documents/ certificates, the Gram Sabha selected/ recommended Smt. Gayatri Devi, W/o Sri Raju Paswan and Smt. Sushila Devi, W/o Sri Anuj Mochi for the post of Anganbari Sewika and Sahayika respectively for Centre no. 74 as both belong to the Schedule Caste community i.e. beneficiary class. For Anganbari Centre no. 75 Smt. Sultana Praveen, W/o Md. Aftab Alam and Smt. Rashida Khatoon, W/o Late Mahmood Alam were selected as Anganbari Sewika and Sahayika respectively. Both of them belong to minority class. So far as Centre no. 76 is concerned, no decision has been taken by Gram Sabha in the meeting on 23.2.2004 and then it was decided to convene a fresh meeting of Gram Sabha. Thereafter on 23.2.2004, a fresh meeting of Gram Sabha was held Smt. Sabana Praveen, W/o Md. Mahfooz Alam and Smt. Sharda Devi, W/o Late Binod Kumar, a widow were selected for the post of Sewika and Sahayika respectively for centre no. 76.” 5 Such stand taken by the official respondent no.7 with a copy thereof served on the counsel for the petitioner on 7.5.2006 has not been controverted till date. That being so, this Court must hold that the stand taken by the official respondent as with regard to the appointment of private respondents either in the matter of their eligibility of undergoing selection or procedure was valid and correct. That being so, there is no merit in this application and is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/