IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3111 of 2011 Madhu Kumari, wife of Sri Diwarkar Prasad Singh, resident of Mohalla – Prabhat Colony, P.O. & P.S. Purnia, District - Purnia Versus 1. The State Of Bihar through Principal Secretary, Welfare Department, Bihar, Patna. 2. The Director, Integrated Child Development Programme, Welfare Department, Bihar, Patna. 3. The Commissioner, Purnia Division, Purnia. 4. The District Magistrate cum Collector, Purnia. 5. The Deputy Development Commissioner, Purnia. 6. The District Welfare Officer, Purnia. 7. The District Programme Officer, Purnia. 8. The District Level Selection Committee, Integrated Child Development Programme, Purnia through its Secretary. 9. The Secretary, District Level Selection Committee, Integrated Child Development Programme, Purnia. ----------- 2. 6.7.2011 Assertion of the petitioner in the present writ application is that not only she had requisite qualification but also higher marks which enabled her to be selected for appointment as Aanganbari Supervisor. Counsel for the petitioner submits that in the provisional list her name figured but when it came down for final selection, her name was ousted from the said list in a totally illegal manner. Since the Divisional Commissioner had been saddled with responsibility of looking into such complaints in terms of the circular issued by the Welfare Department, specially the circular issued in the year 2010, petitioner approached the Divisional Commissioner, Purnea on 17.1.2011. No decision has been rendered by the Divisional Commissioner till date. Therefore, the present writ has been filed. 2 When a procedure is laid down by the State Government and authority is saddled with the responsibility, then responsibility must be shouldered on due priority. A citizen cannot be made to suffer from any arbitrary act of the authorities saddled with the responsibility of such selection. If there is merit in the allegation, necessary direction is required to be issued or else a finding contrary thereto must be recorded. Since the Court has refused to express any opinion on the merit of the assertions because the Divisional Commissioner would be better suited or placed to appreciate the allegations by verifying the records at the local level, the writ application is disposed of with a direction to the Divisional Commissioner, Purnea to look into the matter and decide the issue within six weeks from the date of production of a copy of this order. The writ application is disposed of. rkp ( Ajay Kumar Tripathi, J.)