Residency in the poshak kshetra is essential for the appointment of Anganwadi Sevika, and factual findings by inquiry officers are binding unless proven erroneous.

JUDGMENT :

PARTHA SARTHY, J.

1. Heard learned Senior counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for quashing the order dated 10.7.2012 passed in Service Appeal no.31 of 2012 by the Divisional Commissioner, Munger Division, Munger whereby the appeal filed by the Respondent no.9 was allowed and the order dated 13.1.2012/25.2.2012 passed in Miscellaneous Appeal no.33 of 2010 by the Collector –cum– District Magistrate, Begusarai was set aside. The petitioner has also prayed for quashing the order dated 4.3.2010 passed in Case no.21 of 2010 by the District Programme Officer, Begusarai whereby the petitioner was found to be a resident outside of the poshak kshetra /service area as also the order contained in Memo no.164 dated 25.7.2012 issued under the signature of Child Development Project Officer, Chaurahi by which the petitioner has been removed from the post of Panchayat Sevika by cancelling her selection besides other reliefs.

3. As per the case of the petitioner, she being a permanent resident of village- Shyampur in Malpur Panchayat under Chaurahi Block in the district of Begusarai and residing in House no.118 situated in Ward no.8, Khata no.32, Khesra no.160 over an area of 1 katha 10 dhurs under Mauza- Shyampur, she is a permanent resident of the area for the newly created Anganwadi Centre Shyampur. On the respondents inviting applications for appointment on the post of Anganwadi Sevika, the petitioner along with others applied. In the merit list prepared, out of the four applicants, while the name of the petitioner figured at serial no.1, the name of respondent no.9 was at serial no.3.

4. It is submitted by learned Senior counsel appearing for the petitioner that the petitioner happens to be a resident of the service area which is a necessary requirement for appointment as an Anganwadi Sevika would be evident from the residential certificate issued by the Block Development Officer and brought on record as Annexure-5 to the application. It is further submitted that the voter list of Cheriya Bariyarpur Panchayat Legislative Assembly for the years 1966, 1988, 1995 as also 2009 would confirm the above fact. Further, the matter of residency of the petitioner was inquired into by the Child Development Project Officer, who submitted his report dated 11.2.2010 (Annexure-7) in favour of the petitioner. Even the District Magistrate while considering the appeal filed by the petitioner against order of the District Programme Officer, in his order dated 13.1.2012/25.2.2012, taking into consideration the documents on record, came to the conclusion that the petitioner is a resident of poshak kshetra and accordingly set aside the appointment of respondent no.9 and directed the authorities to appoint the petitioner. It is finally submitted that the Divisional Commissioner in his order dated 10.7.2012 erred in allowing the appeal filed by respondent no.9 and setting aside the order of appointment of the petitioner.

5. In response, it is submitted by learned counsel for the respondents that the only issue arising in the instant application is as to whether the petitioner whose name stood at serial no.1 in the merit list is a resident of the poshak kshetra, a mandatory requirement for appointment on the post of Anganwadi Sevika. It is submitted that taking into consideration the enquiry reports of the Rajasva Karmchari and the Circle Inspector, the Divisional Commissioner had rightly come to the conclusion that the petitioner was not a resident of the poshak kshetra and accordingly upholding the order dated 4.3.2010 of the District Progra