IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13271 of 2007 SUNITA KUMARI, W/o Binod kumar, resident of Vill-Padmole, P.S. Sirdala, District Nawada. Versus 1.THE STATE OF BIHAR 2.Director, Social Welfare Department Government of Bihar, Old Secretariat, patna. 3.Collector, Nawada. 4.Child Development Project Officer (C.D.P.O.) Nawada. 5.Block Development Officer, Sirdala, Nawada. 6.Dilip Pandit, Mukhiya father’s name not known village Narauli, p.S. Sirdala, p.O. Bargaon, Distt Nawada, Present Mukhiya of Bargaon Panchayat, Anchal Sirdala, Distt. Nawada. 7.Panchyat Sachiv, Bargaon Gram Panchayat, p.S. Sirdala, P.O. Bargaon, Distt. Nawada. 8.Lalita kumari, wife of Sanjay kumar, daughter of Raghubir Prasad, Resident of village Padmole Khida-Bigha, P.S. Sirdala, P.O. Bargaon, Distt. Nawada. ----------- 3 18/12/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of an appropriate writ or writs, order or orders, direction or directions to the Respondent Authorities to cancel the illegal appointment of Respondent no.8, Lalita Kumari to the post of Anganbari Sevika at newly created Anganbari Centre in village Padmole, Anchal Sirdala, District Nawada, on the basis of I.A. qualificaqtion passed under Hindi Sahitya Sammelan, Allahabad, Madhyam Visharad, which has already been decided by the Human Resources Department, Government of Bihar in press notification on published for cancelling such appointment having considered by the Appointing Authority as the Education Department has not 2 recognized and accepted the certificate of Hindi Sahitya Sammelan Allahabad in respect of certificate of Matric and I.A, but in spite of such Notification the Respondents Authorities have appointed Respondent no.8 to the post of Anganbari Sevika on the basis of the I.A. qualification of Allahabad and rejected the claim of the petitioner, which is quite illegal, arbitrary and malafide intention.” Counsel for the petitioner would invite attention of this Court towards the representation filed by the petitioner in the form of Miscellaneous Case on 23.8.2007 vide Annexure 8 to the writ application. Counsel submits that such representation filed by the petitioner before the Collector of the district has not been disposed of as yet and as such the private respondent is continuing on the basis of invalid and unacceptable certificate which has already been clarified by the State Government to be not applicable for appointment in the government service. This Court would find that the Collector of the district, under the guidelines issued by the State Government for the post of Anganbari Sevika is the competent authority to decide the matter with regard to appointment/selection of Anganbari Sevika/Sahayika, has not disposed of the representation of the petitioner as is also admitted from the counter affidavit filed by the C.D.P.O. Sirdala. That being so, this Court, without expressing any 3 opinion on the merits of the claim of the parties, would direct the Collector of the district to dispose of the representation of the petitioner as contained in Annexure-8 to this writ application within the time limit fixed by the State Government in its recent circular dated 10.12.2009. The Collector of the district will be under obligation to issue notice and hear not only the representative of the Gram panchayat in question but also the selected candidate respondent no.8 before passing any final order. With the aforementioned observation/direction this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)