IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2988 OF 2008 SHRI MANTI DEVI, WIFE OF SRI PAPPU KUMAR, RESIDENT OF VILLAGE RAM NAGAR, POST OFFICE SILAO, POLICE STATION SILAO, DISTRICT NALANGA VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, NALANDA 3. THE DISTRICT WELFARE OFFICER, NALANDA 4. THE CHILD DEVELOPMENT PROJECT OFFICER, SILAO BLOCK, NALANDA 5. THE WARD COMMISSIONER, WARD NO. 3, NAGAR PANCHAYAT SILAO, POLICE STATION SILAO, NALANDA ********* 2 05/04/2011 The petitioner is aggrieved by the order passed by the District Magistrate, Nalanda cancelling her appointment to the post of Aanganbari Sevika, Centre Mirza Bigha under Ward No. 3, Ramnagar, Silao Block, district Nalanda. The ground for cancellation is that the Mukhiya who conducted the Aam Sabha did not take into account the list of persons who had applied for the post of Aanganbari Sevika. On perusal of the order of the District Magistrate, it would appear that certain persons had filed applications before the Ex-Ward Commission for being considered for appointment to the post of Aanganbari Sevikas. The District Magistrate entrusted the enquiry to the Deputy Collector Land Reforms and came to the conclusion that in fact applications were filed before the Ex-Ward Commissioner by Sunita Kumari and others. The order of the District Magistrate further cancelling the 2 appointment of the petitioner on the ground that there were anomalies in the selection process, inasmuch as it appeared to the District Magistrate that there was no proper announcement with respect to making the appointment of Aanganbari Sevika. There is a provision to file an appeal against the order of the District Magistrate before the Commissioner. Thus, the petitioner would be at liberty to file such an appeal. In the mean time, no appointments should be made, if it has not already been done since the order impugned is of the year 2008. I may also point out that the Commissioner should take into account the fact (a) whether there was a proper announcement that the post of Aanganbari Sevikas is to be filled up; (b) Whether the candidates had any justification in filing their applications before the Ex- Ward Commissioner; (c) if such applications were filed , whether they were forwarded to the concerned authorities who was considering the appointment to the post of Aanganbari Sevika; (d) if they were duly forwarded, there was no reason why the applications were not considered in the Aam Sabha by the Mukhiya/Child Development Project Officer. The said decision should be taken within a period of three months after effective service of notice to 3 the concerned parties by the Commissioner. The petitioner would be at liberty to produce a copy of this order before the Commissioner within a period of three weeks from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)