JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No. 7926 of 2023

This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 76 days in preferring the instant appeal.

2. Heard the parties.

3. Considering the sufficient cause as has been referred in the interlocutory application and having no objection on the part of the Respondent State, the delay of 76 days in preferring the appeal is hereby condoned.

4. I.A. No. 7926 of 2023 stands allowed.

L.P. A. No. 590 of 2022

5. The instant appeal preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 26.07.2022 passed in W.P.(S) No. 3859 of 2019 whereby and whereunder the order passed by the Deputy Commissioner, Sahibganj dated 14.05.2019 by which the claim of the writ petitioner for engagement as anganwari sevika has been rejected, has been refused to be interfered with by the learned Single Judge as the claim of the respondent no. 8 has been found to be genuine. Hence this appeal.

6. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

The Aam Sabha was convened on 02.03.2016 for the appointment of Anganbari sevika for Tilbhittha III Centre.

6(i). The writ petitioner as well as the Respondent No. 8 applied for the said post and their candidatures were considered and the meeting was concluded by granting provisional appointment letter to the respondent No.8.

6(ii). Soon after the appointment of the Respondent no.8 the writ petitioner objected to her appointment and requested for the cancellation of the same by writing letter to the Child Development Project Officer, Pathna, Sahibganj on 04.03.2016 and a copy of same was also served to the Deputy Commissioner, Sahibganj, the Social Welfare Officer, Sahibganj and the Block Development Officer, Pathna.

6(iii). Further one another candidate namely Janki Devi had also made objections regarding the appointment of the Respondent No.8 and upon such grievances raised by her Letter No.824 was issued by the Office of the Social Welfare Women Child Development and Social Security Department, Project Bhawan, Ranchi dated 06.04.2016 whereby and where under the Child Development Project Officer, Sahibganj was directed to reconsider the said appointment and select a suitable candidate on the post of Anganbari Sevika. A copy of said letter was also served upon the District Social Welfare Officer, Sahibganj.

6(iv). Since no action was taken on the grievance raised by the writ petitioner regarding illegal appointment of the Respondent No.8, writ petitioner again wrote letter to the Deputy Commissioner, Sahibganj on 04.08.2017 wherein she has very clearly stated that the respondent no. 8 is a resident outside of the Poshak Kshetra (beneficiary area) as the Respondent No.8 resides at Plot No.1293 and the same falls within Anganbari Kendra Code No.77 and not in Anganbari Kendra Code No.119 for which the appointment was given and therefore, she complained before the Chief Minister Jan Samwad.

6(v). The grievances of the writ petitioner was taken up but to her utter surprise the compliance report was given by the Child Development Project Officer, Sahibganj by Memo dated 07.10.2017 stating therein that, the appointment has been done on the basis of the Residence Certificate and she belongs to the Poshak Kshetra.

6(vi). The writ petitioner is a student of Bachelor of Arts and she was already B.A. Part-II pass at the time of appointment and as such she was more qualified than the Respondent no. 8. The Writ petitioner resides at House No. 52, Daag No. 1167, Jamabandi No. 5, which falls within the Poshak Kshetra of Anganbari Kendra Code No. 119.

6(vii). The writ petitioner seeing no other alternative moved before this Court in W.P.(S) No. 7695 of 2017, which was disposed of vide order dated 25.06.2018 by the learned Single Judge directing the Deputy Commissioner, Sahibganj to take decision.

6(viii). In pursuant to