ANITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner was selected earlier for the post of Sevika in an Aam Sabha held for the Centre Mirga Mandal Tola on 11.7.2011 but being the sole candidate that was objected by one Baby Devi, who had been selected in the previous Aam Sabha. There was a dispute relating to the beneficiary area of the centre. The matter was further inquired into on the directions of the deputy Commissioner and the Deputy Development Commissioner both as per orders dated 26.2.2013 and 19.1.2013 respectively. Both the higher officials were of the opinion, based upon an inquiry conducted by the District Social Welfare Officer that the beneficiary populations of the two Aam Sabha Centre in the village Mirga Mandal Tola and Adiwasi Tola need to be redetermined and a fresh Aam Sabha be held. This exercise was held as would appear from the proceedings of the Aam Sabha held on 17.7.2013, minutes of which have been produced by the respondent no.4 pursuant to the previous order.

(3.) The proceedings on 17.7.2013 were attended by the Block Development Officer, Narayanpur, Child Development Project Officer, Narayanpur, Female Supervisor, Mukhia, Members of the Panchayat Samiti , Gram Pradhan, Ward Members, Teachers and Auxiliary Nurse/ Midwife. Several villagers participated in the said Aam Sabha where candidature of the petitioner and one Baby Devi were open for selection amongst the villagers comprising the Aam Sabha. Proceedings of Aam Sabha indicates that pursuant to the direction of the Deputy Commissioner, the BDO has redetermined the beneficiary area of Mirga Mandal Tola and found 50 houses with 318 residents. The centre was found to be populated by the backward class people. Both candidates belong to backward community. Both the candidates have the qualification of Intermediate but Anita Devi, the petitioner has got 430 marks out of 800 compared to Baby Devi, who has got 420 marks out of 800. The Aam Sabha accordingly selected the present petitioner and the proceedings were signed by all the official representatives named herein-above apart from the villagers, who are shown to have attended the Aam Sabha.