Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 13.01.2023, passed by the Collector-cum-District Magistrate, Muzaffarpur, in Anganwari Case No. 28 of 2020-21, whereby and whereunder the selection of the petitioner on the post of Anganwari Sevika has been cancelled. The petitioner has further prayed for reinstatement on the post of Anganwari Sevika at Anganwari Centre No. 338, Panchayat-Gyashpur, Ward No. 6, Block-Paroo, District-Muzaffarpur.

2. The brief facts of the case, according to the petitioner, are that the petitioner has passed the Madhyama Exam-2012 from the Bihar Sanskrit Shiksha Board, Patna and has secured 74.57% marks. The petitioner belongs to the Extremely Backward Class in the State of Bihar. It is stated that in the year, 2018, an advertisement was floated for selection of Anganwari Sevika at Anganwari Centre No. 338, Ward No. 6, Panchayat- Gyashpur, District-Muzaffarpur, whereupon the petitioner had applied for the post of Anganwari Sevika on 20.12.2018 and then, the merit list was prepared, wherein the petitioner was shown to be the sole candidate. On 18.6.2019, a meeting of the Aam Sabha was convened in presence of the Chairman, Ward Members and others, wherein the petitioner was selected as Anganwari Sevika and then an appointment letter dated 18.06.2019 was also issued to the petitioner. The petitioner had then joined on the post of Anaganwari Sevika on 18.06.2019 itself at Anganwari Centre No. 338, whereafter she had received training and since then she has been working diligently. However, in the month of October, 2020, one Shabnam Khatoon i.e. the Respondent No. 6 filed a complaint to the effect that the petitioner does not belong to the poshak area of the Anganwari center in question, leading to initiation of a case bearing Case No. 46 of 2020 by the District Programme Officer, Muzaffarpur, whereafter, notices were issued to all the parties. The District Programme Officer, Muzaffarpur, after hearing the parties, had passed an order dated 22.10.2020, in Case No. 46 of 2020, rejecting the complaint filed by the private Respondent No. 6.

3. The private Respondent No. 6 had then filed an appeal bearing Anganwari Case No. 28 of 2020-21, before the Ld. Court of Collector-cum-District Magistrate, Muzaffarpur, wherein the petitioner had appeared upon notice and filed her objections on 07.01.2022, inter-alia stating therein that she comes from the poshak area of the Anganwari centre in question and her name also appears in the voter list as also in the mapping panji since the year, 2016. Ultimately, the Collectorcum- District Magistrate, Muzaffarpur, after hearing the parties, has passed the impugned order dated 13.01.2023 in Anganwari Case No. 28 of 2020-21, whereby and whereunder the selection of the petitioner on the post of Anganwari Sevika has been cancelled.

4. The learned counsel for the petitioner has submitted that the voter list shows that the petitioner is resident of Ward No. 6, House No. 94, Panchayat Gyashpur, Block-Paroo, District- Muzaffarpur. In fact, the domicile certificate of the petitioner also mentions that the petitioner is resident of village Gyashpur, Panchayat Gyashpur, District-Muzaffapur, in which the Anganwari Centre in question is situated. The learned counsel for the petitioner has further contended that the husband of the petitioner had purchased a plot of land, appertaining to Khata No. 34, Khesra No. 3209, situated at Mauza Gyashpur, Ward No. 6, in the year, 2015, where the petitioner and her husband are residing. Thus, it is submitted that the impugned order dated 13.01.2023, passed by the Collector-cum-District Magistrate, Muzaffarpur, is arbitrary and perverse, hence, is fit to be set aside.

5. Per contra, the learned counsel for the Respondent-State has submitted, by referring to the counter affidavit filed in the present case that upon enquiry, it has transpired that while preparing the mapping register of Ward No. 6, the lady supe