- (1.) THE present petition has been preferred for getting appointment as Anganwari Sevika at Village Sherpur, District � Chatra. Counsel for the petitioner has submitted that in pursuance of a public advertisement, the petitioner appeared for her selection as Anganwari Sevka for the said village along with respondent No.8. As per Annexure2 to the memo of petition which is the minutes of meeting dated 05.10.2009, the Aam Sabha selected respondent No.8. However, the respondent No.8 was not appointed for some reasons, then only left out candidate is the petitioner and, therefore, the petitioner should be appointed and this aspect of the matter has not been appreciated by the respondents. Moreover, the learned counsel for the petitioner also vehemently relied upon Annexure 7 to the memo of the writ petition and submitted that in the process of selection if any fabricated and forged documents are found or for any other reason if candidature of the selected candidate is cancelled, then the second candidate should be selected to avoid further holding of Aam Sabha for such selection and, therefore, the petitioner may be appointed as Anganwari Sevika.
(2.) COUNSEL for the respondents submitted that a detailed counter affidavit has been filed and looking to Annexur 2 to the memo of petition which is the minutes of meeting of the Aam Sabha of the concerned village held on 05.10.2009, it appears that only respondent No.8 was selected and the petitioner was never selected even as selected candidate no.2. It is true that petitioner applied for the post of Anganwari Sevka. Her candidature was also considered for the appointment, but she was never selected by the Committee as Anganwari Sevika. Merely because petitioner was No.2 was a candidate no.2, she cannot be appointed as because she was never selected as selected candidate No.2, rather she was only applicant No.2. There is a vast difference between the applicant no.2 and selected candidate no.2. In view of this submission, the petitioner was never selected by the Aam Sabha of the concerned village as Anganwari Sevika. In view of these facts, the writ petition may not be entertained by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. Besides the aforesaid facts, the Deputy Commissioner has also passed an order to convene a fresh Aam Sabha meeting on 17.07.2012 but the petitioner has not applied afresh for her selection as Anganwari Sevika. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following reasons: (i) The petitioner applied for her selection for the post of Anganwari Sevika for village Sherpur, District Chatra along with other candidate. Both the candidates were considered for the appointment as Anganwari Sevika in the meeting held on 05.10.2009. The minutes of meeting is annexed as Annexure2 to the writ petition. (ii) Considering the candidature of the petitioner as well as another candidate, it appears from the minutes of meeting which is annexed as Anenxure2 to the memo of petition, the petitioner was not never selected. Some another candidate, who is respondent No.8, was selected. For some reasons, selected candidate was not appointed because respondent No.8 had produced fabricated documents. Merely because selected candidate no.1 has not been appointed, that does not mean that the petitioner, who was never a selected candidate No.2, should be appointed. It ought to have been kept in mind that only a selected candidate No.2 can be appointed if the selected candidate no.1 is not allowed to resume her duties or if her services has been terminated. Looking to the minutes of meeting of Anganwari Sevika, which is annexed as Annexures2 to the memo of petition, petitioner's case was considered, but the petitioner was never selected. (iii) Looking to the decision taken by the Deputy Commissioner, Chatra, which is annexed as Annexure7 to the memo of petition, it appears that only one post was advertised for the post of Anganwari Sevika for the village Sherpur, District � Chatra and candidature of two candidates were considered in the Aam Sabha. The Aam Sabha selected respondent No.8 but she was not allowed to be appointed for some reasons. In that circumstances, only selected candidate No.2 should be appointed, so that fresh Aam Sabha meeting may not have to be convened. The petitioner was never a selected candidate no.2 rather she was only applicant No.2. Hence, she cannot be appointed for the post of Anganwari Sevika. As a cumulative effect of the aforesaid facts and reasons, petitioner cannot be appointed as Anganwari Sevika and therefore, this petition fails and accordingly, this writ petition is dismissed.;