IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9897 of 2010 1. BABUNTI DEVI W/O RAJESH SAHANI R/O VILL KRITPURA, P.S.BAIKUNTHPUR, DISTT-GOPALGANJ Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, WELFARE DEPARTMENT GOVT. OF BIHAR, PATNA 2. DISTRICT MAGISTRATE GOPALGANJ 3. THE DISTRICT PROGRAMME OFFICER GOPALGANJ 4. THE CHILD DEVELOPMENT PROJECT OFFICER BAIKUNTHPUR, DISTT-GOPALGANJ 5. THE MUKHIYA, GRAM PANCHYAT BANGRA, P.S.BAIKUNTHPUR, DISTT-GOPALGANJ 6. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BANGRA, P.S.BAIKUNTHPUR, DISTT-GOPALGANJ ----------- 2 08.04.2011 An order passed by the Child Development Project Officer dated 25.02.2010 contained in letter no.60 (Annexure-6) is under challenge in this writ application, by which she has held the selection of the petitioner as illegal and directed for holding fresh selection process. On the face of it, the order is wholly without jurisdiction. Under the Guidelines, it is only the Collector who, on a complaint or on a report, can looked into the correctness of the selection process held for appointment as Anganwari Sevika or Sahayika and cancel the same, if he finds the same as illegal or not in accordance with the Guidelines. There is nothing on record to show that the matter of the petitioner was 2 ever referred to the Collector or any complaint was made before the Collector against the appointment of the petitioner. Counter affidavit has been filed and learned counsel for the State refers to one letter of the District Programme Officer, as contained in Annexure-D. The letter is, apparently, a general letter intimating the Child Development Project Officer to put a scheduled caste candidate of Muslim community along with candidate of a schedule caste candidate of Hindu community at par for selection. This letter in no way relates to the petitioner. In the circumstances, this Court has no option than to quash the said impugned letter of the Child Development Project Officer, as contained in Annexure-6. The same is hereby quashed. The respondents, if they so choose, will be at liberty to refer the matter to the Collector for consideration. Arvind/ ( J. N. Singh, J.)