IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1043 of 2011 In Civil Writ Jurisdiction Case No. 12645 of 2005 With Interlocutory Application No. 4748 of 2011 In Letters Patent Appeal No.1043 of 2011 ====================================================== Munni Devi wife of Gopal Prasad Prajapati, Resident of Mohalla-Mandai, Ward No.24, P.S.-Sasaram, District-Rohtas. .... .... Petitioner/Appellant Versus 1. The State of Bihar. 2. The Director, Social Welfare Directorate, Indira Bhawan, Patna. 3. The Commissioner-cum-Secretary, Welfare Department, Bihar, Patna. 4. The Chief Development Project Officer, Sasaram. 5. The Collector, Sasaram, District-Rohtas. 6. The Additional Collector, Sasaram, District-Rohtas. 7. The Sub Divisional Officer, Sasaram, District-Rohtas. 8. The Block Development Officer, Sasaram, District-Rohtas. 9. Ward Commissioner, Ward No.24, P.S.-Sasaram, District-Rohtas. 10. Meena Devi wife of Sunil Kumar, P.O. & P.S.-Sasaram, District- Rohtas. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Sanjay Kumar @ Manu, Advocate For the Respondents : Mr. Shashi Shekhar Pd. Sinha, A.C. to GP-17 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1043 of 2011 (3) dt.26-07-2011 2 / 4 2 3 26-07-2011 Interlocutory Application No. 4748 of 2011: The delay of 72 days occurred in filing the Letters Patent Appeal is condoned. Letters Patent Appeal No. 1043 of 2011: This Appeal preferred by the writ petitioner under Clause 10 of the Letters Patent arises from the order dated 16th September 2010 made by the learned single Judge in above C.W.J.C. No. 12645 of 2005. The appellant approached this Court under Article 226 of the Constitution in above C.W.J.C. No. 12645 of 2005. According to the appellant she was selected for appointment as Anganbari Sevika in Anganbari Centre, Mandai under the Integrated Child Development Scheme by the Child Development Project Officer, Rohtas. In spite of her selection made as early as on 20th October 2004 the appellant has not been sent for training. Instead the respondent no.10 has been appointed as Anganbari Sevika. The appellant, therefore, prayed for a direction to the respondents to send the appellant for training as Anganbari Sevika in Anganbari Centre, Mandai. The petition was contested by the respondent authorities. According to the respondent authorities the selection of the appellant as Anganbari Sevika was made illegally. The selection committee ought to have been presided over by the concerned Ward Commissioner, instead the former Ward Commissioner was summoned to preside over the selection committee. After making selection on 23rd August 2004 no order was issued for a long time. The then Child Development Project Officer was under the order of transfer. The new officer joined on 1st November 2004. A few days before the new officer took charge of the post the selection letter was issued to the appellant on 20th Patna High Court LPA No.1043 of 2011 (3) dt.26-07-2011 3 / 4 3 October 2004. The new officer, having joined on 1st November 2004, having noticed the illegality committed by the outgoing Child Development Project Officer, the same was reported to the District Programme Officer. The Ward Commissioner also made a complaint in respect of the selection of the appellant. In view of the said illegality committed in selection made on 23rd August 2004 a fresh selection was made in Aam Sabha in presence of the Ward Commissioner and the District Programme Officer. After following the due process the said Aam Sabha unanimously selected the respondent no.10 as Anganbari Sevika and one Naaz Parveen as the Anganbari Sahayika. The said two selected persons were issued appointment letter and were sent for training also. Neither the appellant was issued appointment letter nor was she sent for training. The learned single Judge has considered the above pleadings and has rejected the writ petition on the ground that the selection of the appellant was illegally made in violation of the instructions issued by the State Government. Feeling aggrieved the writ petitioner has preferred the present Appeal. We have considered the pleadings. It is apparent that in view of her illegal selection, the appellant was not sent for training nor was she appointed as Anganbari Sevika. Learned advocate Mr. Sanjay Kumar @ Manu has appeared for the appellant. He has relied upon the instructions issued by the State Government in respect of selection and appointment of Anganbari Sevika. He has submitted that the instruction 6(iv) provides for constitution of the selection committee in absence of the concerned Ward Commissioner. He has submitted that the selection process chaired by the former Ward Commissioner in absence of the sitting Ward Patna High Court LPA No.1043 of 2011 (3) dt.26-07-2011 4 / 4 4 Commissioner was not vitiated. We are unable to agree with Mr. Sanjay Kumar @ Manu. As recorded hereinabove, in the selection process undertaken on 23rd August 2004 the concerned Ward Commissioner was not present. A former Ward Commissioner was summoned to preside over the meeting. Not only the Child Development Project Officer, the Ward Commissioner also had complained about the selection made illegally. In view of the objection raised by the concerned Ward Commissioner it cannot be held that he was not available for the selection. Apparently, the selection process was undertaken by the then Child Development Project Officer purposefully keeping out the concerned Ward Commissioner. Selection made by such a committee cannot be upheld. Besides, since her selection neither the petitioner has been sent for training nor she has been appointed. Mere selection did not create a right of appointment unto the petitioner. In view of the fact that her selection was tainted the appellant is not entitled to the relief prayed for. The Appeal is dismissed in limine. The Interlocutory Application stands disposed of. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)