Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. On the grievances of the petitioner that one Nazera Khatoon had indulged in certain unfair practice in relation to her selection as a Aanganwari Sevika of Centre Babutola in Udhwa Block in the district of Sahebganj, the Deputy Development Commissioner, Sahebganj through an order dated 3.8.2012 (Annexure -2) found the contention of the petitioner correct and cancelled the selection of the said Nazera Khatoon. She was found to have procured educational qualifications during the same period of two different courses i.e. Alim (B.A. Part -I) from one Madarsa Board and +2 qualification from another regular school, both under the Jharkhand Academic Council. There was a variation in the date of birth in both certificates inquired. The Deputy Development Commissioner, Sahebganj (Respondent No. 3) directed the District Social Welfare Officer, Sahebganj to take fresh steps for holding Aam Sabha for selection of Aanganwari Sevika for the said centre.
(2.) PETITIONER in the present writ application has sought appointment on the same post on the ground that she was second candidate in the selection exercise undertaken by the Aam Sabha in which Nazera Khatoon was selected and later on her appointment was cancelled. This plea could not legally sustain on the ground that in the matter of selection of an Aanganwari Sevika, there is no merit list of candidates prepared in order of rank so that if candidate at serial No. 1 fails to satisfy certain eligibility criteria or qualification, the second candidate automatically gets a right to be appointed. Selection for such post is undertaken on the exercise of choice or franchise of electing body i.e. the Aam Sabha in question. Therefore, on the basis that selection of Nazera Khatoon was set aside, petitioner being the other candidate, cannot automatically seek appointment as there is no recommendation in her favour by the Aam Sabha. In such circumstances, the course available is to hold fresh Aam Sabha where petitioner and others would also be entitled to participate. Counsel for the petitioner submits that fresh Aam Sabha has been notified as per newspaper report dated 4.9.2015. Petitioner may have the liberty to participate if she fulfills the eligibility criteria. However, the present prayer cannot be granted. The writ petition stands disposed of with the aforesaid observations.;