INDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 8/1/2018 passed by the learned Single Judge in CWJC No. 2700 of 2016, whereby and whereunder the writ petition has been disposed off by upholding the order passed by the Commissioner, Saran Division, dtd. 2/1/2016.

(2.) The brief facts of the case are that the appellant herein had filed a writ petition bearing CWJC No. 2700 of 2016, inter alia praying therein for quashing the order dtd. 2/1/2016 passed by the Commissioner, Saran Division, Chapra in Anganwari Case No. 354 of 2012 (Babita Devi vs. Indu Devi and others), by which the appeal was allowed and the order dtd. 29/10/2012 passed by the District Magistrate, Saran, Chapra in Anganwari Case No. 4 of 2012 (Indu Devi vs. Babita Devi and others) was set aside.

(3.) The brief facts of the case are that applications were invited for making selection on the post of Anganwari Sevika for Centre No. 32 under Isuapur Project, Saran, for which the appellant herein, who belongs to Koiri caste (B.C.) had applied apart from the private respondent no. 6 herein, namely, Babita Devi who belongs to Kami caste (E.B.C.) having also applied for being appointed on the post of Anganwari Sevika. While the appellant herein had 58.28 per cent marks, the respondent no. 6 had 57.66 per cent marks. The bahulta (majority) area of the said centre is E.B.C., hence the respondent no. 6 namely, Babita Devi is stated to have been declared selected as Sevika by the Aam Sabha. The appellant had then challenged the said selection of the private respondent no. 6 by filing Anganwari Case No. 4 of 2011 befoe the District Magistrate, Saran, who by an order dtd. 29/10/2012 had cancelled the selection of the private respondent no. 6 with a direction to rectify the mistakes made in the mapping register and accordingly, refix the Bahulta area of the said centre. The operative portion of the said order dtd. 29/10/2012 is reproduced herein:-