IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10990 of 2009 1. SARJAN KUMARI WIFE OF MUKESH KUMAR 2. PRATIMA DEVI WIFE OF UPENDRA PASWAN BOTH RESIDENT OF VILLAGE SHAHPUR, POLICE STATION KASHICHAK, DISTRICT NAWADAH---PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY SOCIAL AND WALFARE DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE CUM COLLECTOR, NAWADAH. 4. THE D.D.C. NAWADAH. 5. THE DISTRICT WELFARE OFFICER, NAWADAH. 6. THE C.D.P.O., WARSALIGANJ, DISTRICT NAWADAH. 7. THE BLOCK DEVELOPMENT OFICER, WARISALIGANJ, DISTRICT NAWADAH. 8. THE MUKHIYA SAHPUR GRAM PANCHAYAT, POLICE STATION KASHICHAK, DISTRICT NAWADAH. 9. THE PANCHAYAT SECRETARY, SHAHPUR GRAM PANCHAYAT, POLICE STATION KASHICHAK, DISTRICT NAWADAH. 10. SMT. ANITA KUMARI WIFE OF MAHENDRA SINGH. 11. SMT. SHILA DEVI WIFE OF BINDU MAHTO @ BINDU NONIA. BOTH 10 AND 11 ARE RESIDENT OF VILLAGE SHAHPUR, POLICE STATION KASHICHAK, DISTRICT NAWADAH. 12. SAROJ KUMAR SINGH, SON OF NOT KNOWN, RESIDENT OF VILLAGE BHADAUR, POLICE STATION MUFFASIL NAWADAH, DISTRICT NAWADAH, ALLEGED PANCHAYAT SECRETARY OF SHAHPUR GRAM PANCHAYAT ---RESPONDENTS. ----------- 02. 31.08.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners were applicant for the post of Anganwari Sewife and Sahaika. Ignoring their better claim and the higher marks of petitioner no.1 in matriculation examination private respondent nos.10 and 11 have been appointed as Anganwari Sewika and Sahaika for the centre in question. Assailing the appointment of respondent nos. 10 and 11 as Anganwari Sewika and Sahaika petitioners have filed representation before the District Magistrate, Nawadah, who without examining the matriculation certificate of petitioner no.1 with that of respondent no.10 has passed the impugned order holding that the representation is not maintainable. 3. Learned counsel for the petitioner states that finding of the District Magistrate, Nawadah is in teeth of the provisions - 2 - contained in Clause 10 of the instructions of the State Government contained in Memo No. 2783 dated 3.10.2006 issued by the Social Welfare Department of the State Government. 4. Let the petitioners assail the order of the District Magistrate dated 26.6.2009 passed in Case No. 90(M)/2008/17(M)/2009 as contained in Annexure-19 before the Divisional Commissioner, Magadh Division raising the aforesaid point noted in this order as also any other point including the point that on the date of issue of the appointment letter of private respondent nos. 10 and 11, the Panchayat Secretary who has signed the appointment letter was not holding the charge of Panchayat Secretary as he remained under suspension on that date but has signed the appointment letter. The Divisional Commissioner, Magadh Division shall be obliged to consider the same in accordance with law as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)