IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2687 of 2008 ARUN BALA DEVI, WIFE OF GIRDHARI PRASAD SINGH, RESIDENT OF VILLAGE DHEBWAN, P.S. GOPALPUR, DISTRICT GOPALGANJ. ----- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH SECRETARY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, GOPALGANJ. 3. THE SUB-DIVISIONAL OFFICER, GOPALGANJ. 4. THE DISTRICT WELFARE OFFICER, GOPALGANJ. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, KUCHAIKOT, GOPALGANJ. 6. THE BLOCK DEVELOPMENT OFFICER, KUCHAIKOT, GOPALGANJ. 7. THE MUKHIYA GRAM PANCHAYAT RAJ BANKATA ANCHAL KUCHAIKOT, DISTRICT GOPALGANJ. 8. SONI BURNWAL @ SONI DEVI, WIFE OF SUSHIL KUMAR, RESIDENT OF VILLAGE DHEBWAN, P.S. GOPALPUR, DISTRICT GOPALGANJ-- RESPONDENTS ----------- 2 30.3.2011 The petitioner has challenged the proceeding by which respondent no. 8 Soni Burnwal @ Soni Devi was selected as an Anganwari Sevika in an ‘Aam Sabha’ held on 23.6.2007 for the Centre Dhebwan East. According to the petitioner there are two centres Dhebwan East and Dhebwan West. The population in Dhebwan East is 932 where the population in the Dhebwan West is 875. The break up of the population is that there are 327 persons in the general category, 215 persons in the backward category, 197 persons in the extremely backward category, 112 persons in the Scheduled Caste category and 186 persons in the minority category. According to the petitioner, the C.D.P.O., Kuchaikot illegally added 34 persons in the survey report with malicious intention to select an Anganwari Sevika from the newly added persons in the survey. It is said that the house of the respondent no. 8 runs adjacent to Dhebwan West Anganwari Centre. 2 The petitioner and the Mukhiya had filed an application before the District Magistrate, Gopalganj, M.L.A. of Kataiya (Gopalganj) that the C.D.P.O. has committed several errors in order to favour respondent no. 8. The application filed by the petitioner remained unheard. The District Welfare Officer, Gopalganj, however, asked the C.D.P.O. to hold a camp before enquiring into the selection of the Anganwari Sevika and Sahaika and fixed 3.8.2007 for the said enquiry. However, no enquiry was made nor steps taken by the C.D.P.O. to verify the allegations made by the petitioner and the Mukhiya. A counter affidavit has been filed on behalf of the Child Development Project Officer, Kuchaikot, Gopalganj in which she has stated that the ‘Aam Sabha’ was held and it w as notified that the Anganwari Sevika and Sahaika would be chosen from Extremely Backward Class as beneficiaries of this class was greater in number than those belonging to the general class category. The candidate who had the highest marks was one Riyayatun Bano but her candidature was rejected as her husband was in government service. Thereafter respondent no. 8 was chosen for the said post. In the circumstances as stated aforesaid, the petitioner can ventilate her grievances before the District Magistrate, Gopalganj who is the only authority who can test and examine the correctness of the selection of the Anganwari Sevika. Naturally the District Magistrate, Gopalganj will give notice to all the concerned parties including the C.D.P.O. and Mukhiya of the 3 village and the person who likely to be affected by any adverse order passed by the District Magistrate. If so advised, the petitioner may file an application before the District Magistrate, Gopalganj on receipt of a copy of this order. In case a case / application is filed, the District Magistrate, Gopalganj after notice to all concerned parties including respondent no. 8 i.e. Soni Burnwal @ Soni Devi should dispose of the matter within a period of four months on effective service of notices. This writ application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)