IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.132 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 14759 OF 2009 WITH INTERLOCUTORY APPLICATION NO. 605 OF 2010 IN LETTERS PATENT APPEAL NO. 132 OF 2010 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 1. Smt. Gayatri Devi W/o Vijay Shankar Singh and D/o late Ram Charan Singh r/o Vill.- Basuki, P.S.- Madhwapur, Distt.- Madhubani ----Petitioner ----- Appellant. Versus 1. The State of Bihar 2. The Secretary, Department of Social Welfare, Government of Bihar, Patna 3. The Director, Integrated Child Development Scheme, Bihar, Patna 4. The Commissioner, Darbhanga Division, Darbhanga 5. The District Magistrate-cum-Collector, Madhubani 6. The District Welfare Officer, Madhubani 7. The Child Development Project Officer, Madhwapur, Distt.- Madhubani 8. The Block Development Officer, Madhwapur, Distt.- Madhubani 9. Gram Panchayat Raj Basuki Bihari (South) Distt.- Madhubani through it Mukhiya 10. The Mukhiya, Gram Panchayat Raj Basuki Bihari (South) Distt.- Madhubani 11. The Panchayat Secretary, Gram Panchayat Raj Basuki Bihari (South) Distt.- Madhubani 12. Smt. Mira Devi W/o Sri Chiranjeeb Choudhary r/o Basuki, P.S. Madhwapur, Distt.- Madhubani ------ Respondents ------ Respondents. = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = Appearance : For the Appellant : Mr. Pushkar Narain Shahi For the State : Mr. Shambhu Nath, A.C. To G.P. XI. For Respondent no.12: Mr. Sujeect Kumar Mishra. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 2 CORAM : HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR.JUSTICE S.K. KATRIAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6. 20.7.2010 Re: Interlocutory Application No. 605 of 2010 This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of one day occurred in filing of the Letters Patent Appeal No. 132 of 2010. Learned Advocates appearing for the respondents have no objection, if the delay is condoned. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Order in Letters Patent Appeal: This appeal under Clause 10 of the Letters Patent has been preferred by the writ petitioner against the judgment and order dated 20th November 2009 passed by the learned Single Judge. Pursuant to the advertisement published by the Gram Panchayat Raj Basuki Bihari (South), District Madhubani, the appellant petitioner and others applied for appointment as Anganwari Sevika/Aganwari 3 Sahayika. Respondent no.12 was selected as Anganwari Sevika whereas the appellant-petitioner was selected for the post of Anganwari Sahayika. Feeling aggrieved the appellant challenged the order of appointment of respondent no.12 as Anganwari Sevika. After a round of the litigation the learned Single Judge has rejected the challenge by the impugned order dated 20th November, 2009, therefore, the present appeal. Learned Advocate Mr. Pushakar Narain Shahi has appeared for the appellant. He has submitted that the original record has been tampered with. He has submitted that the learned Single Judge has erred in holding that the authorities below recorded the concurrent findings against the appellant. He has submitted that the District Magistrate has given finding in favour of the appellant which came to be reversed by the Commissioner. To allay the apprehension of tampering with the records, we have called for the original records. On going through the original records, we find that the selection process was taken up on 26.12.2003. Respondent no.12 possessed more marks then the appellant and she had earlier experience of working in Child Development Project. She 4 was, therefore, selected as Anganwari Sevika. The appellant was second in merit, so she was offered the post of Anganwari Sahayika. We do not agree that the record was tampered. In our view, no case for interference is made out, besides the appellant has accepted her appointment as Anganwari Sahayika and she has been working as such for almost six years. For the aforesaid reason the appeal is dismissed. Vinay/ (R.M. Doshit,CJ.) ( S. K. Katriar ,J. )