IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15983 of 2007 PUNAM KUMARI @ PUNAM DEVI, wife of Nitish Kumar Nirala, resident of village Janakpur, P.S. Jaithor Jamua, P.S. Amarpur, District Banka … Petitoiner Versus 1. THE STATE OF BIHAR through the Secretary Welfare Department, Govt. of Bihar, Patna 2. The Commissioner, Bhagalpur Division Bhagalpur 3. The District Magistrate, Banka 4. The Subdivisional Magistrate, Banka 5. The Block Development Officer, Amarpur, Banka 6. The Circle Officer, Amarpur, Banka 7. The District Welfare Officer, Banka 8. The Child Development Project Officer, Amarpur, Banka 9. The Mukhiya Gram Panchayat Shobhanpur Block, Amarpur District Banka 10. The Panchayat Secretary Gram panchayat Shobhanpur Block Amarpur, District Banka 11. Anju Kumar, wife of Sanjeev Yadav, resident at Janakpur Block + P.S. Amarpur, District Banka working as Angaonwari Sevika at Janakpur Centre 12. The Officer In-charge of Amarpur P.S. within District Banka … Respondents ----------- 2. 18.12.2009 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This is an application for issuance of a writ in the nature of certiorari for setting aside the appointment of Anju Kumari wife of Sanjeev Kumar, village Janakpur, P.S. Amarpur, District Banka working as Anganwari Sevika at Anganwari Sevika Kendra located at Janakpur, P.S. Amapur, District Banka as the appointment has been made in view of the forged and 2 fabricated certificate proved by Board the petitioner further prays that pending disposal of this writ application the said Anju Kumari may kindly be restrained from functioning as Anganwari Sevika of Anganwari Seva Kendra located at Janakpur the petitioner prays following relief:- (i) for further commanding the respondent to appoint the petitioner on the post of Anganwari Sevika of Anganwari Seva Kendra located at Janakpur Gram Panchayat Shobhanpur within district Banka on account of being more meritorious candidates then the private respondent in terms of the merit points obtained by them (ii) For further commanding the respondent no.3 to lodge a First Information Report against respondents no. 8, 9, 10 and 11 under sections 420, 466, 471, 120B of the in view of the appointment has been made on the basis of forged and fabricated certificate submitted by respondent no.11 and in convience with the respondent no. 8, 9 and 10 the appointment has been made in violation and contravention of selection guideline and procedure laid down by the Government of Bihar. (iii) For further commanding the 3 respondent no. 1, 2 and 3 to initiate a departmental proceeding against the respondent no. 5, 6, 7, 9, 10 who have misused their authority/ power” With reference to the aforementioned relief, counsel for the petitioner would submit that a representation for the same relief was filed by the petitioner before the Collector of Banka district but no order has been passed thereon till date. In the opinion of this Court, once the Government has provided in the Scheme for appointment on the post of Anganwari Sevika that any issue relating to selection/ appointment on the post of Anganbari Sevika in the first instance has to be looked into and decided by the Collector of the District, the representation filed by the petitioner for this purpose ought to have been disposed of. That having not been done, this Court would direct the Collector of Banka District to dispose of the representation of the petitioner, as contained in Annexure 4, by a reasoned order within the time frame now prescribed by the 4 State Government in the latest circular dated 10.12.2009, of course after affording opportunity of hearing to the petitioner, respondent no. 11 as also representative of concerned Gram Panchayat. In order to expedite the matter, this Court would also direct the petitioner to produce this order alongwith a copy of her earlier representation before the Collector of the District. With the aforementioned observations and directions, this writ application is disposed of. (Mihir Kumar Jha,J.) Surendra/