IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8528 of 2007 SAFIA BANO, wife of Md. Maroof @ Lalo, resident of Rajpur, P.S. Sabour, District Bhagalpur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, I.C.D.S. Directorate, Department of Social Welfare, Govt. of Bihar, Patna 3. The District Magistrate, Bhagalpur 4. The District Welfare Officer, Bhagalpur 5. The Child Development Project Officer, Sobour, District Bhagalpur 6. The Mukhiya, Chanderi Gram Panchayat, P.S. & Block Sabour, District Bhagalpur 7. The Gram Sevak, Chanderi Gram Panchayat, P.S. & Block Sabour, District Bhagalpur 8. Beli Khatoon, Wife of Afroz Alam, resident of village Rajpur, P.S. Sabour, District Bhagalpur … Respondents. ----------- 2. 27.11.2009 Heard counsel for the petitioner and the counsel for the State. The prayer in this writ application of the petitioner reads as follows: “(i) For issuance of a writ of mandamus of any other appropriate writ order or direction commanding the respondents authorities to give joining to the petitioner on the post of Anganbari Sevika as she is at the top of the merit list. But the concerned respondents authority has most arbitrarily been evading to give appointment to the petitioner on one or another pretext.” Counsel for the petitioner would submit that the petitioner is being not 2 Surendra/ considered for the post of Anganwari Sevika only because she is said to be the daughter- in-law of one Badrul Hoda, who is a Primary School teacher in a Government School. Counsel submits that the petitioner has got no concern with Badrul Hoda and she is not dependent on him. He would also place reliance on such an order of maintenance passed by the Judicial Magistrate, 1st Class, Bhagalpur to show that her mother-in-law had filed a case for grant of maintenance as against her husband Badrul Hoda, who happens to be the father-in-law of the petitioner. In the opinion of this Court disqualification as prescribed under the Government circular would not be dependent on the marital status of the father-in-law and the mother-in-law. It was Badrul Hoda who was the father-in-law in Government service in a Primary School and thus, the petitioner cannot now claim for engagement of Anganwari Sevika in view of prohibition under the Government circular. That being so, this application is misconceived and is accordingly dismissed. (Mihir Kumar Jha,J.) 3