IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3061 of 2007 ASMA BEGUM wife of Md. Nasib, resident of village-Harpalpur, Post- Nadiyao, P.S.-Hasanpura M.H. Nagar, District-Siwan ….petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Siwan. 3. The Civil Surgeon, Siwan, District-Siwan. 4. The Incharge Medical Officer, Primary Health Centre, Raghunathpur, District-Siwan. 5. The Block Development Officer, Raghunathpur Block, District-Siwan. 6. The Mukhiya, Gram Panchayat, Raj Chakri, Block-Raghunathpur, District-Siwan ….Respondents. 2 16.09.2010 Having heard learned counsel for the petitioner and learned counsel for the State with regard to the following relief prayed by the petitioner: “(i) That this is an application for issuance of appropriate writ(s)/direction(s) to the respondents to make appointment and posting of the petitioner on the post of „ASHA‟ (Woman Health Worker) at village Harpalpur under Gram Panchayat, Raj Chakri under Raghunathpur Block in the District of Siwan and accordingly to issue appointment/posting letter to her in this connection. And/or for any other appropriate relief(s) to the petitioner for which she may be found entitled to in the facts and circumstances of the case.” this court is of the firm view that even if the earlier selection of the petitioner on the post of Lady Health Worker under Asha Scheme was bad on any score, she 2 was definitely required to be given an opportunity in the subsequent selection which is said to have been held on 6.12.2005. It has to be noted that the petitioner claims to be more qualified than two of other candidates namely Sangyanti Devi and Zahiya Khatoon. This Court however is not aware as to whether any one of the aforesaid two has been appointed or not. As none of them has been made party to this writ application, this Court in order to examine the said aspect would direct the Collector of Siwan District, respondent no. 2 to look into the aforesaid grievance of the petitioner and if the Collector would find that the petitioner was/is a better candidate and was wrongly edged out, he would issue notice to both Sangyanti Devi and Zahiya Khatoon and after hearing them will pass appropriate order for terminating their appointment as also holding fresh selection and appointment on the post of Lady Health Worker in question under Asha Scheme. In order to expedite the whole issue this Court would give liberty to the petitioner to file a detailed representation before the Collector of Siwan District whereafter the whole exercise by the Collector of the 3 district would be completed within a period of six months from the date of receipt/production of a copy of this order enclosed with the representation of the petitioner . Let it be however made clear that this Court has not gone into the merit of the claim of the petitioner vis a vis other two persons namely, Sangyanti Devi and Zahiya Khatoon and therefore it would be open for the Collector of the district to pass an appropriate order strictly in accordance with law and the scheme of Asha as framed by the State Government. With the aforementioned observation and direction, this writ application is disposed of. Kanchan (Mihir Kumar Jha, J.)