Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 27.02.2019, passed by the District Programme Officer, ICDS, Samastipur whereby and whereunder the selection of the petitioner as Anganbari Sevika has been cancelled. The petitioner has also prayed for quashing of the appellate order dated 01.11.2022, passed by the learned Collector, Samastipur, whereby and whereunder the appeal filed by the petitioner has been rejected. Lastly, the petitioner has prayed for her reinstatement as Anganbari Sevika at Anganbari Centre No.215 under Ward No. 6 of village-Mirzapur under Inayatpur Panchayat.

2. The brief facts of the case, according to the petitioner, are that an advertisement was published on 09.12.2017, in the daily newspaper, for filling the vacant post of Anganbari Sevika at Anganbari Centre No.215 under Ward No.6 of village-Mirzapur under Inayatpur Panchayat, District-Samastipur, in pursuance whereof, the petitioner along with the private respondent no.6, namely, Nutanbala had filed applications, however, finally the petitioner was selected as Anganbari Sevika on 05.12.2018 for Centre No. 215, in an Aam Sabha convened for the said purpose, in presence of the Lady Supervisor, namely, Mira Kumari, inasmuch as the petitioner had secured first position in the merit list by obtaining 67.6% marks in matriculation examination while the private respondent no.6 had secured second position, since she had only 62% marks in the matriculation examination. Thereafter, the private respondent no.6 is stated to have filed her objections leading to institution of a case bearing Case No.172 of 2018, before the respondent no.3, i.e. the District Programme Officer ICDS, Samastipur, wherein it had been alleged that the petitioner, her husband and her father-in-law are having their names in the voter list of three different panchayats, which is contrary to the selection guidelines. The petitioner had then appeared before the respondent no.3, who after hearing the parties, had cancelled the selection of the petitioner as Anganbari Sevika by the impugned order dated 27.02.2019. The petitioner had then filed an appeal bearing Anganbari Appeal Case No.167 of 2019, before the Collector, Samastipur, i.e. the respondent no.2, however, the same has also stood rejected by an order dated 01.11.2022.

3. The learned counsel for the petitioner has submitted that the petitioner is a resident of Ward No. 6 of Inayatpur Panchayat & in support of her contention, she had submitted the residential certificate issued by the BDO, Patori dated 15.02.2011 and the one issued by the Circle Officer, Patori dated 24.12.2012 apart from submitting a Certificate of “Bahu Praman-Patra” issued by the Mukhiya of Gram Panchayat Inayatpur dated 04.01.2018, all of which bear the address of the petitioner as vill.-Mirzapur, P.O.- Inayatpur, P.S.-Patori, Block-Patori, District-Samastipur. Thus it is stated that the petitioner has been continuously living at vill.- Mirzapur, P.O.- Inayatpur, P.S.- Patori, Block-Patori, District- Samastipur since the year 2011. It is further submitted that residential certificates dt. 24.12.2012, 01.12.2014, 05.6.2015, 04.11.2015 and 22.10.2016 have been issued by the Circle Officer, Patori in favor of the husband of the petitioner pertaining to the aforesaid address and all the certificates bear the name of the petitioner as his wife. It is next contended that Soil Heath Card, valid for the period 23.12.2017 to 31.03.2020 was issued in the name of the husband of the petitioner, wherein the residential address has been recorded as village-Mirzapur, Panchayat-Inayatpur, Block-Patori, District-Samastipur.

4. It is though admitted by the petitioner that her name was appearing in the voter list of two places, however, it is contended that when the petitioner came to know about the same, she immediately filed an application in Form-7 before the BLO, requesting him to delete her name from the voter-list of Mohiuddinnagar, Sub