IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.567 of 2010 1. RUBY KUMARI W/O SHRI DHARAMPAL PRASAD @ DHARAMPAL SINGH R/O VILL-GOUS NAGAR, WARD NO.- 2, P.O-SISWAN, DISTT- NAWADAH Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER & SECRETARY DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER MAGADH DIVISION, GAYA 4. THE DISTRICT MAGISTRATE, NAWADAH 5. THEDISTRICT PROGRAMME OFFICER, NAWADAH 6. THE CHILD DEVELOPMENT PROJECT OFFICER, NAWADAH SADAR, DISTT- NAWADAH 7. THE MUKHIYA GRAM PANCHAYAT -MAHULI, NARHAT BLOCK, DISTT- NAWADAH 8. THE PANCHAYAT SECRETAY, GRAM PANCHAYAT MAHULI, NARHAT BLOCK, DISTT- NAWADAH FOR THE PETITIONER : - MR. ARUN KUMAR, ADVOCATE MR. BIPIN KUMAR, ADVOCATE FOR THE STATE : - MR. BIBHAKAR TIWARY, AC TO GP XIX ----------- 02/ 25.06.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was selected for the post of Anganwari Sevika for Gousnagar Centre of the Gram Panchayat Mahuli on 25.5.2007. One Sangita Kumari @ Sobha Rani, who was not selected for the post, challenged the selection of the petitioner by filing C.W.J.C. No. 6213 of 2008, which was disposed of directing to file her complaint as per the provision under the guideline before the appropriate authority. The petitioner’s grievance is that even though there was no specific direction in the writ application for cancelling the appointment of the petitioner as the Writ - 2 - Court has not gone into the merit of the case, on filing of the representation by Sangita Kumari @ Sobha Rani, the selection of the petitioner has been cancelled by the District Programme Officer, Nawada vide order contained in Memo No. 113 dated 5.3.2009, in violation of rule of natural justice, without any show cause notice to the petitioner. Counsel for the petitioner has submitted that by the same impugned order, selection of Anganwari Sevika as well as Sahaika, had been cancelled. Shanti Devi, working on the post of Sahaika had filed writ application challenging the order of her termination, which was disposed of and the matter was remitted back to the District Magistrate, Nawada, for deciding it in accordance with law. The District Magistrate, Nawada by order dated 21.5.2010 has set aside the order passed by the District Programme Officer, holding that the District Programme Officer has got no jurisdiction to cancel the selection of Anganwari Sevika/Sahaika. This issue has already been settled by the Division Bench in L.P.A. No. 863 of 2009 holding that in the matters of selection/termination of Anganwari Sevika/Sahaika, under the guideline, only the District Magistrate has been - 3 - vested with such powers. The District Programme Officer has got no jurisdiction to cancel the appointment of Anganwari Sevika/Sahaika. The impugned order dated 5.3.2009 passed by the District Programme Officer, Nawada contained in Memo No. 113 is completely illegal, arbitrary and without jurisdiction. Accordingly, this matter is being remanded to the District Magistrate, Nawada for passing necessary order, after issuing notice to all concerned, i.e. petitioner, C.D.P.O. and Sangita Kumari @ Shobha Rani. The District Magistrate will pass the order in the light of the order passed by the Division Bench in L.P.A. No. 863 of 2009 and also in accordance with the provisions under the guidelines. Till disposal of the matter, in compliance of the District Programme Officer’s order, no steps will be taken for selection of Anganwari Sevika, in place of the petitioner. DKS/ (Mridula Mishra, J.)