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2006 Supreme(Pat) 434

Nirmala Kuwar @ Nirmala Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Bhola Prasad.
For the State: Mr. Manoj Kumar Sinha
For Respondent No.6: Mr. Rajendra Prasad Singh.

ORDER

The petitioner has filed this writ petition with a prayer for a direction to the respondents to consider her case for selection as Anganbari Sewika for Dadhapi Centre of Dadhapi Gram Panchayat, P.S. Goh, Block-Goh, District-Aurangabad, in place of respondent no. 6 who has allegedly been selected without considering the guidelines contained in Government's Circular, dated 13.6.1998.

2. The petitioner's case is that she alongwith others including the respondent no. 6 had applied for selection on the post of Anganbari Sevika of the abovementioned Centre and after consideration of their case respondent no. 6, Sakila Devi, has been selected violating condition no. 5 of the Circular contained in Letter No. 1129 dated 13.6.1998 issued by the Secretary, Welfare Department, Government of Bihar. In terms of the said condition no. 5 where the qualification is the same then the widow-abandoned women of the same category is to be given preference. The counsel for the petitioner states that both the petitioner and respondent no. 6 are matriculate but the petitioner in addition is widow and, therefore, she ought to have been appointed in preference to respondent no. 6 it is further submitted











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