IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4384 of 2008 BINITA KUMARI, WIFE OF SANJAY KUMAR, DAUGHTER OF SURENDRA PRASAD SINGH, RESIDENT OF VILLAGE NIRMAL BIGHA, GRAM PANCHAYAT SURAJPUR, POST OFFICE AND POLICE STATION NALANDA, SUB-DIVISION RAJGIR, BLOCK SILAO, DISTRICT NALANDA AT BIHARSHARIF. ___________________________________________________________________ PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR I.C.D.S. DEPARTMENT OF WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIF. 5. THE DISTRICT WELFARE OFFICER, NALANDA AT BIHSARSHARIF. 6. THE DEPUTY COLLECTOR LAND REVENUE RAJGIR, NALANDA AT BIHARSHARIF. 7. THE DEPUTY COLLECTOR-CUM-SECRETARY, PUBLIC GRIEVANCE CELL NALANDA AT BIHARSHARIF. 8. THE CHILD DEVELOPMENT PROJECT OFFICER SILAO, NALANDA AT BIHARSHARIF. 9. THE CHAIRMAN SUPERFISOR CHILD DEVELOPMENT PROJECT OFFICE SILAO, NALANDA AT BIHARSHARIF. 10. THE MUKHIYA SURAJPUR GRAM PANCHAYAT, PO & PS NALANDA, SUB- DIVISION SILAO, NALANDA AT BIHARSHARIF. __________________________________________________________ RESPONDENTS ******** 2 18.4.2011 The petitioner is aggrieved by the order of the District Magistrate, Nalanda at Biharsharif cancelling her engagement as an Anganwari Sevika. The order impugned indicates that the candidature of the first, second and third highest marks holder were rejected on the ground that their father-in-law is a retired government servant and is receiving pension from the State Government. Thereafter the petitioner, who was at the fourth position, was appointed. In the counter affidavit at paragraph 8, it has been stated that there is a typing error in the order of the Collector, 2 Nalanda inasmuch as it has been stated in the order that the petitioner is not the resident of the Centre where the Anganwari Kendra is situated. This affidavit has been filed on behalf of respondent nos. 4 to 8 the District Magistrate, himself. In the circumstances, it would be proper to quash the order contained in Memo No. 1784 dated 7.12.2007 and remand the matter back to the District Magistrate, Nalanda for reconsideration within a period of one month from the date of receipt of a copy of this order. In case the appointments have been made in pursuance of the impugned order then it would be proper to issue notice to the incumbent so engaged and after valid service of notice, the matter should be disposed of within a period of one month. This writ application is thus, allowed. Sanjay ( Sheema Ali Khan, J.)