IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3491 of 2008 1. SUNITA DEVI, WIFE OF ASHOK KUMAR. 2. DEZI KUMARI, WIFE OF UMESH KUMAR SINGH. 3. NILAM KUMARI, WIFE OF MUKESH KUMAR. ALL RESIDENT OF VILLAGE AND P.O. KHADIYA, P.S. BARIYARPUR, DISTRICT MUNGER. 4. SUNAINA KUMARI, WIFE OF DILIP KUMAR SINGH, RESIDENT OF VILLAGE AND P.O. KALYANPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 5. ANJU KUMARI, WIFE OF SANJIV CHOUDHARY. 6. RITA KUMARI, WIFE OF LAXMI MANDAL. 7. SUNITA DEVI, WIFE OF SUMAN KUMAR ‘SUMAN’. ALL NO. 5 TO 7 ARE RESIDENT OF VILLAGE AND P.O. GHORGHAT, P.S. BARIYARPUR, DISTRICT MUNGER. 8. BINDU KUMARI, WIFE OF GAUTAM SAH, RESIDENT OF VILLAGE AND P.O. KALYANPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 9. BANDANA DEVI, WIFE OF DEVA NAND PASWAN, RESIDENT OF VILLAGE AND P.O. KADIYA, P.S. BARIYARPUR, DISTRICT MUNGER. 10. NILU KUMARI, WIFE OF NAVIN KUMAR SAXSEN, RESIDENT OF VILLAGE AND P.O. GHORGHAT, P.S. BARIYARPUR, DISTRICT MUNGER. 11. SUNAINA DEVI, WIFE OF RAJENDRA KUMAR, RESIDENT OF VILLAGE SARASWATI NAGAR, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 12. SUNITA KUMAR, WIFE OF PAPPU KUMAR YADAV, RESIDENT OF VILLAGE PADIYA, P.O. & P.S. BARIYARPUR, DISTRICT MUNGER. 13. GITA DEVI, WIFE OF ASHOK KUMAR MODI, RESIDENT OF P.O. TOLA STATION ROAD BARIYARPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 14. RAJANI DEVI, WIFE OF DEEPAK JAYSAWAL, RESIDENT OF VILLAGE MAHADEVA, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 15. SANJU KUMARI, WIFE OF LALIT KUMAR, RESIDENT OF VILLAGE BAHADURPUR, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 16. SHASHILATA KUMARI, WIFE OF SURESH MANDAL, RESIDENT OF VILLAGE KUMARPUR, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 17. MAYA KUMARI, WIFE OF SUSHIL KUMAR SHARMA, RESIDENT OF VILLAGE NADIYA TOLA, P.O. KALYAN TOLA, P.S. BARIYARPUR, DISTRICT MUNGER. 18. POONAM KUMARI, WIFE OF KRISHNA NAND MANDAL, RESIDENT OF VILLAGE AND P.O. RATANPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 19. PRATIMA KUMARI, WIFE OF SUDHESH KUMAR, RESIDENT OFVILLAGE BARIYARPUR BASTI, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 20. SARITA DEVI, WIFE OF NARESH SINGH. 21. SUNITA KUMARI, WIFE OF RANVIR KUMAR CHOUDHARY. NO. 20 AND 21 ARE RESIDENT OF VILLAGE AND P.O. GHORGHAT, P.S. BARIYARPUR, DISTRICT MUNGER. 22. KUMARI BABITA, WIFE OF PRABHASH KUMAR, RESIDENT OF VILLAGE AND P.O. KALYANPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 23. REKHA KUMARI, WIFE OF ARUN SHARMA, RESIDENT OF VILLAGE AND P.O. KALYAN TOLA, P.S. BARIYARPUR, DISTRICT MUNGER. 24. SAROJ BHARTI, WIFE OF PAPPU YADAV, RESIDENT OF VILLAGE PIPRA, P.O. KHARIYA, P.S. BARIYARPUR, DISTRICT MUNGER. 25. SUNITA KUMARI, WIFE OF ASHOK RAJAK, RESIDENT OF VILLAGE AND P.O. GHORGHAT, P.S. BARIYARPUR, DISTRICT MUNGER. 26. PRITI KUMARI, WIFE OF PAWAN KUMAR, RESIDENT OF VILLAGE AND P.O. KALYANPUR, P.S. BARIYARPUR, DISTRICT MUNGER. 2 27. ANITA KUMARI, WIFE OF NARESH SAHANI, RESIDENT OF VILLAGE + P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 28. BINDU KUMARI, WIFE OF BIDYUT KUMAR SHARMA, RESIDENT OF VILLAGE KUMARPUR, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 29. RENU KUMARI, DAUGHTER OF MADAN KUMAR PASWAN, RESIDENT OF VILLAGE ASPATAL (HOSPITAL) TOLA, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 30. MUNNI KUMARI, WIFE OF SUBHASH YADAV, RESIDENT OF VILLAGE SOTIPUR PARIYA, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 31. RENU KUMARI, WIFE OF SRI DEVANAND MANJHI, RESIDENT OF VILLAGE GANESHPUR MUSHARI, P.O. AND P.S. BARIYARPUR, DISTRICT MUNGER. 32. PINKI KUMARI, WIFE OF SRI ASHIK LAL PASWAN, RESIDENT OF VILLAGE BARIARPUR, P.O. AND P.S. BARIARPUR, DISTRICT MUNGER. ------------------------------------------------------------------------------------------ PETITIONERS Versus 1. THE STATE OF BIHAR, THROUGH DIRECTOR, I.C.D.S., DIRECTORATE, SOCIAL WELFARE DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, MUNGER. 3. CHILD DEVELOPMENT PROJECT OFFICER, BARIARPUR, P.S. BARIARPUR, DISTRICT MUNGER. --------------------------------------------------------------------------------------- RESPONDENTS ******** 2 8.4.2011 These 32 petitioners have come to this Court challenging the order terminating them from the post of Anganwari Sevika, Bariarpur within the district of Munger. The main submission on behalf of the petitioners is that the said order of termination has been issued without giving any notices to the petitioners, so that they were deprived of the opportunity of knowing the reasons for their termination. The petitioners challenged the order of termination before the Commissioner who has passed a detailed order annexed as Annexure- A to the interlocutory application numbered 3 as 5888 of 2008. The order of the Commissioner indicates that there were several anomalies in the selection process. It has been noted that the selection was made without fulfilling the mapping conditions and without holding a village ‘Aam Sabha’ which requires at lest 10% attendance, it is submitted that the ‘Aam Sabha’ held was a paper transaction, and that several of the candidates had produced forged and fabricated documents regarding their qualifications. This Court after perusing the order of the Commissioner cannot pass an order staying the appointment of Anganwari Sevikas till such time the petitioners are given an opportunity to be heard. It would be a long process which would defeat the very purpose of the guidelines framed by the Supreme Court for appointment of Anganwari Sevikas. I thus, direct that the concerned authority i.e. the C.D.P.O. or any other competent authority to complete the mapping of the village and submit it within a period of three months on receipt of this order to 4 the concerned authority. Thereafter an ‘Aam Sabha’ should be held inviting fresh applications from those persons who were applicants in the transaction held in the year 2008. After the ‘Aam Sabha’ is held, fresh appointments should be made from the candidates who had applied during the relevant time. The whole procedure should be completed within a maximum period of eight months. The petitioners are directed to produce a copy of this order before the District Magistrate, Munger, the C.D.P.O. as well as the Mukhiyas of the various centres. I may make it clear that in case appointments have already been made then the petitioners should file an application before the District Magistrate, Munger who will issue notice to the C.D.P.O. and the new incumbents and after hearing the parties, pass appropriate orders in each of the cases. At those centres where the candidates have been terminated on the ground that the certificates were forged, and the entire procedure of holding an ‘Aam Sabha’ was merely a paper transaction, then 5 it would be open to the authorities to hold fresh ‘Aam Sabha’ if no steps have been taken in the direction. The petitioners may apply and in case selected, their educational certificates should be verified, before appointments are made. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)