IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14334 of 2005 PRAMILA KUMARI Wife of Pratap Chada Bhan, resident of Ward no.9 Village Hardi Gram Panchayat, Village Hardi Block & P.S. Supaul. District Supaul. Versus 1.THE STATE OF BIHAR through the Secretary Department of Welfare, Bihar Patna. 2.The District Magistrate, Supaul. 3.The Sub.Divisional Officer, Supaul. 4.The Block Development Officer, Supaul. 5.The Child Development Project Officer, Supaul. 6.The Mukhiya of Gram Panchayat Hardi West namely Shri Mohan Manda, S/O not known resident of village Hardi, P.S. & Block Supaul, District Supaul. 7.The Secretary of Gram Panchayat, Lokaha, P.S. & District Supaul. 8.Shobha Kumari W/O Nitesh Kumar, resident of Ward No.9, Gram Panchayat-Hardi West, P.S. &Block Supaul, District-Supaul. ----------- 3 13/11/2009 Heard counsel for the petitioner, counsel for the private respondent as also counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “(A)To issue a writ in the nature of Certiorari for Setting aside resolution dated 3.8.05 and consequential letter issued in pursuance to that appointing /selecting private respondent no.8 namely Shobha Kumari on the post of Anganbari Sevika in Centre No.11 situated near the house of Laddulal in the Gram Panchayat Hardi West; (B)To issue a writ in the nature of Mandamus Commanding and directing the Respondents to appoint the petitioner on the post of Anganbari Sevika in Centre No.11 of Gram Panchayat-Hardi West.” With reference to the aforementioned relief, before counsel for the petitioner could have supported his argument, learned counsel for the State has stated that on enquiry by the prescribed 2 authority, i.e, Collector of the district, claim of the Respondent no.8 has been found to be found to be unsustainable and the same has been set aside with a direction to the Gram panchayat in question to hold a meeting of the Gram Sabha for fresh selection/appointment of the Anganbari Sevika. Counsel in this context would refer paragraph nos. 4 and 5 of the counter affidavit which reads as follows:- “4.That it is fact that writ petitioner pramila Kumari has obtained 446 marks in Matriculation and 535 in intermediate whereas, respondent no.8 Shobha kumari has obtained only 357 marks in Matriculation and 452 marks in Intermediate. But the Aam Sabha of Gram panchayat Hardi (West) selected the respondent no.8 Shobha Kumari for the said post and accordingly she was appointed as such. 5.That, as per decision taken by the Aam Sabha, respondent no.8 Shobha Kumari has been appointed on the said post. But recentaly, after enquiry of complain about irregularities, the Collector, Supaul has been pleased to reject the selection of respondent no.8 Shobha Kumari as Anganbari Sevika of Kendra No.11 of Gram panchayat Hardi (West) and he has been further pleased to order C.D.P.O. Supaul to get Aam Sabha held in the presidentship of Mukhiya of the Panchayat and to select the suitable candidate for said post as per rules, vide order dated 27.07.2007 issued vide Memo No.336-2 dated 28.07.2007.” Counsel for the private respondent would submit that such decision should not take away right of the private respondent to be considered in the fresh selection. On the other hand, counsel for the petitioner would submit that even in terms of the aforementioned order of the Collector of the district dated 28.7.2007 no further steps have been taken till date by the Gram Sabha for making appointment on the post of Anganbari Sevika. This aspect of the matter can be definitely looked into 3 by the Collector of the district and if he would find that the order dated 28.7.2007 as contained in Annexure-A to the counter affidavit has not been completed till date, he will issue necessary direction to the C.D.P.O. Supaul to ensure that a fresh selection/appointment of the post of Anganbari Sevika is completed by convening a meeting of the Gram Sabha on the basis of latest instruction as is existing on the date within a period of three months from the date of passing of such order by the Collector of the district. With the aforementioned observation this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)