IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7146 of 2010 1. SUREKHA KUMARI @ SUREKHA DEVI W/O VIJAY KUMAR SINGH @ VIJAY PRASAD R/O VILL.- SUGAUNA, P.S.- RAHIKA, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE COMMISSIONER DARBHANGA DIVISION, DARBHANGA 5. THE DISTRICT MAGISTRATE, MADHUBANI, DISTT.- MADHUBANI 6. THE DISTRICT WELFARE OFFICER MADHUBANI, DISTT.- MADHUBANI 7. THE DISTRICT PROGRAMME OFFICER MADHUBANI, DISTT.- MADHUBANI 8. THE SUB-DIVISIONAL OFFICER MADHUBANI, DISTT.- MADHUBANI 9. THE CHILD DEVELOPMENT PROJECT OFFICER BLOCK, DISTT.- MADHUBANI 10. THE MUKHIYA, GRAM PANCHAYAT RAJ BASAULI BLOCK- RAHIKA, P.S.- RAHIKA, DISTT.- MADHUBANI 11. THE SECRETARY, GRAM PANCHAYAT RAJ BASAULI BLOCK- RAHIKA, P.S. RAHIKA, DISTT.- MADHUBANI ----------- 2 19.01.2011 Although no appointment letter has been annexed with the writ application, but the petitioner, on the basis of absentee report issued by the Mukhiya and some other documents, claims that she was in fact selected as Anganwari Sevika and after completing the training had started functioning as such. The grievance is that without cancelling her engagement, fresh selection process has been initiated which the petitioner came to know from a paper 2 news. A counter affidavit has been filed by C.D.P.O., respondent no.9, in which, it is stated that as the selection process was not complete and the petitioner was not selected, fresh selection process has been ordered to be initiated. The matter requires verification from the record with regard to completion or otherwise of the earlier selection process and selection or otherwise of the petitioner. In the circumstances, petitioner is granted liberty to file a representation before the District Magistrate, Madhubani staking a claim that she had already been selected and she had joined and was in fact functioning as Anganwari Sevika and, therefore, without cancelling her engagement, no fresh selection could be initiated. Petitioner will produce documents in support of her claim. If from the records prima facie it appears to the District Magistrate that petitioner had worked as Anganwari Sevika, he shall call for the entire original records, shall get it verified, notice the concerned parties in respect of the selection and shall 3 reach to a conclusion as to whether the earlier selection process had completed or not and petitioner had been, in fact, selected as Anganwari Sevika or not. Thereafter, as necessary, shall pass orders in accordance with law in respect of the fresh selection which, the petitioner claims, has been ordered to be initiated. Upon receipt of the representation of the petitioner, the District Magistrate shall be at liberty to pass interim orders for stay of the fresh selection process if he feels it appropriate. The decision in this regard should be taken by the District Magistrate within three months from the date of filing of the representation. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)