IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3067 of 2008 Archana Kumari wife of Dilip Kumar Pandit, D/O Ajab Lal Pandit, resident of village Bajartar, P.S. Belhar, District- Banka. …….. Petitioner Versus 1.The State Of Bihar 2.The Commissioner, Bhagalpur 3.The Collector, Banka 4.The District Welfare Officer, Banka 5.The Child Development Project Officer (C.D.P.O.), Fulidumar Block, Banka, District- Banka 6.The Mukhiya, Khesar Gram Panchayat, Fulidumar Block, District- Banka 7.Pinki Devi, wife of Abhinandan Choudhary, resident of village Bajartar, P.S. Belhar, District- Banka ……….. Respondents ----------- 2. 25/03/2011 Learned counsel for the petitioner submits that after selection and engagement of the petitioner as Anganbari Sevika, mapping register of the beneficiary area of the Centre has been changed and the caste to which respondent no.7 belongs has been shown as majority caste of the area. Authorities had found the engagement of the petitioner as illegal and the matter was placed before the Collector, who passed orders for cancellation of engagement of the petitioner and for appointment of respondent no.7. Petitioner has already filed a representation against the said order of the Collector before the Commissioner, vide Annexure-9. Learned counsel for the petitioner 2 submits that the same may be treated by the Commissioner as an appeal by the petitioner in terms of the Guidelines and petitioner may be given liberty to file additional grounds in support of the same. He also submits that respondent no.7 is the wife of the then Panch and therefore, she was not eligible for engagement. Since petitioner has already filed representation before the Commissioner, it is appropriate that the Commissioner considers the same and passes orders in accordance with law. The representation of the petitioner should be considered as memo of appeal and she should be allowed to file further grounds of appeal along with a copy of this order, which shall be taken by the Commissioner as part of her memo of appeal and shall be considered and appropriate orders shall be passed after hearing the parties in accordance with law, within a period of three months from the date of receipt/production of a copy of this order. While hearing the appeal of the petitioner, if necessary, the Commissioner will be at liberty to get the mapping of the area verified to ascertain as to which caste is in 3 majority in the area and shall also consider the other grounds raised by the petitioner in her memo of appeal. Pradeep/ ( J. N. Singh,J.)