APARESH KUMAR SINGH, J. - (1.) HEARD counsel for the parties.
(2.) PETITIONER herein came aggrieved by the selection of the respondent no. 4 as Jal Sahiya in Aam Sabha meeting held on 11.04.2012 for the Panchayat Parasimla Block Dumka, District -Dumka. Her selection was also endorsed by the Block Level Committee for Water and Sanitation comprising of Junior Engineer, Block Development Officer and Member, Zila Parishad.
(3.) THE reason for assailing the selection of Respondent No. 4 is that she is not having the qualification of 10th pass as is required in terms of the Departmental Circular which is referred to in Annexure -1 Minutes of the meeting held on 19.12.2011 under the chairmanship of Deputy Commissioner -cum -Chairman, District Water and Sanitation Committee, Dumka. This, according to the learned counsel for the petitioner, is also supported by the Resolution of the Department dated 19.03.2010 (Annexure -A to the counter affidavit) where qualifications are prescribed for selection to the post of Jal Sahiya. Petitioner admittedly is an Intermediate but her claim has been ignored. During the pendency of the writ petition, Aam Sabha was again directed to conduct a fresh selection process in which both petitioner and private respondent participated. By the decision taken on 17.03.2013 contained at Annexure -C to the counter affidavit, once again the Respondent No. 4 has been selected by the Aam Sabha in its resolution which appears to be attended by several villagers whose signature / thump impression are shown therein. Proposal No. 5 of the said resolution specifically indicates the mind of the General Body / Aam Sabha which lead it to select the Respondent No. 4 despite the fact that she was 8th pass while the petitioner is an Intermediate. As recorded therein, it is alleged that during the term of the petitioner as Sahaiyka at Gwalsimla Aanganbari Centre earlier, behaviour of the petitioner was not proper towards the villagers and the work of the said Centre remained always disturbed. Contention of the petitioner that the selection by the Aam Sabha is in teeth of the laid down criteria as per resolution at Annexure -A, is not legally tenable.;