PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to give appointment to the petitioner on the post of Anganbari Sevika and further to quash the decision of Village Committee dated 22.07.2015 whereby it was decided to appoint respondent no. 8-Usha Oraon on the post of Anganbari Sevika.
(2.) Heard Mr. Rajesh Kumar, learned counsel for the petitioner; Mr. Amit Kumar, Associate Counsel to learned G.P. II for the respondents-State and Mr. V.S. Sahay, learned counsel for the private respondent no. 8.
(3.) Learned counsel for the petitioner submitted that for appointment on the post of Anganbari Sevika for Angan Bari Kendra Jangi, meeting of Village Committee was held on 14.03.2013, which was presided over by Child Development Project Officer/Mukhiya, wherein the case of the petitioner along with other candidates were considered and after considering all aspects of the matter, the village Committee unanimously agreed to provisionally appoint the petitioner as Anganbari Sevika and in terms of the decisions of village Committee dated 14.03.2013, the Child Development Project Officer, Kuru issued provisional selection letter to the petitioner on the same day. But, despite being the fact that the petitioner was selected, another meeting was conveyed on 23.09.2013 under the chairmanship of Child Development Project Officer, Kuru, wherein also the petitioner secured maximum number of votes and the village committee consented to the appointment of the petitioner on the said post. It has further been averred that even then also, the authorities again conveyed a meeting of village Committee on 03.01.2014 and resorted to secret ballot wherein also, the petitioner secured 30 votes whereas respondent no. 8 could not secure a single vote. Hence, on the basis of majority of votes, petitioner ought to have been selected. To buttress his argument, learned counsel for the petitioner referred to the decision rendered in the case of Sumati Devi v. State of Jharkhand and Ors as reported in 2009 (4) JLJR 626 . It has further been submitted that only to accomodate again another meeting was held on 22.07.2015 in which, respondent no. 8 was selected.;