IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11291 of 2007 Asha Kumari @ Asha Devi, Wife of Murari Singh, Vill. Apsarh, P.S. Warsaliganj, Dist. Nawadah. ---------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner & Secretary, Department of Social Welfare, Bihar, Patna. 3. The Divisional Commissioner, Magadh Division, Gaya. 4. The Director, I.C.D.S., Indira Bhawan, Ramcharitra Singh Path, Patna. 5. The District Magistrate, Nawadah. 6. The Dy. Dev. Commissioner, Nawadah. 7. The Block Development Officer, Warsaliganj, Nawadah. 8. The Child Development Project Officer, Warsaliganj, Dist. Nawadah. 9. Smt. Renu Devi, Wife of Ram Sakal Singh, Mukhiya of Apsardh Panchayat, Village Apsarh, P.S. Warsaliganj, Dist. Nawadh. 10. Panchayat Sewak, Apsarh Gram Panchayat, Warsaliganj, Distt. Nawadah. 11. Pratibha Sinha, Wife of Manoj Singh, Village Apsarh, P.S. Warsaliganj, Dist. Nawadah. ----------- Respondents ----------- 2 4.12.2009 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application for issuance of appropriate writ(s)/order(s)/ direction(s) in the nature of certiorari for quashing the letter, dated 19.6.2007 issued under the signature of respondent no.9, the Mukhiya, Apsarh Gram Panchayat whereby and whereunder respondent no.11 has been selected on the post of Aganbari 2 Sevika in Apsarh Gram Panchayat by ignoring the legitimate claim of the petitioner without following the due process of law. The petitioner further seeks the indulgence of this Hon’ble Court for issuance of writ(s)/order(s)/ direction(s) in the nature of mandamus commanding the respondent authorities for appointing the petitioner on the post of Anganbari Sevika at Centre No.3 in Apsarh Gram Panchayat as petitioner being the most eligible and suitable candidate among the applicants on the basis of strength of having highest marks in Matriculation and Intermediate level examinations; petitioner further seeks any other relief(s) to which he may be found entitled under the law and in facts and circumstances of the case.” With reference to the aforementioned relief, learned counsel for the petitioner would submit that the whole anomaly started on account of the incorrect mapping of the centre in question. He would further submit that this issue was also raised by the petitioner in his detailed representation which was filed on 25.6.2007, a copy whereof has been annexed as Annexure-4 to this writ application, but, the same was not disposed of whereafter, this writ 3 application had to be filed by the petitioner on 30.8.2007. Though a counter affidavit has been filed on behalf of the District Magistrate and the Child Development Project Officer being respondent no.5 & 8 respectively to this writ application, nothing has been said about the receiving/disposal of the said representation filed by the petitioner. This Court would fail to understand the purpose of filing of the counter affidavit if the relevant facts pleaded by the petitioner is not controverted or answered. That being so, this Court will have to proceed on the assumption that the representation of the petitioner dated 25.6.2007 is still pending for consideration before the Collector of the district. Considering all these aspects of the matter, this Court would direct the Collector of the district to dispose of the said representation within a period of six months from the date of receipt/production of a copy of this order after affording an opportunity of hearing to the petitioner, the respondent no.11 as also the concerned representative of 4 the Gram Panchayat in question. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)