2025:JHHC:16724 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4501 of 2011 Alomara Khatun, W/o-Kadir Sheikh, R/o-Village & P.O-South Begumganj P.S.-Radhanagar, Dist-Sahibganj, Jharkhand ... … Petitioner(s) Versus 1. State of Jharkhand, 2. Secretary, Social Welfare, Women and child Development Department, Government of Jharkhand, At.-Project Building, P.O. & P.S-Dhurwa, Dist.- Ranchi 3. Director, Social Welfare, Women and child Development Department, Government of Jharkhand, At-Project Building, P.O. & P.S-Dhurwa, Dist.- Ranchi 4. Deputy Commissioner, Sahibganj, Near Ganga Vihar, PO, PS & Dist.- Sahibganj 5. District Program Officer, Sahibganj Near Railway Station, PO, PS & Dist.-Sahibganj 6. Child Development Project Officer, At.-Naya Bazar, PO & PS-Rajmahal, Sahibganj 7. Tajinoor Khatoon, W/o-Ajijur Rahman, R/o- Village & PO-D Begumganj, P.S-Radhanagar, Dist-Sahibganj, Jharkhand … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Shashank Kumar, Advocate For the Respondent(s) : Mr. Shivam Singh, AC to SC-II -------- 17 /Dated: 24th June 2025 The instant writ application has been preferred by the petitioner for the following reliefs: “I. For quashing of the order issued vide memo no.- 22 dated 09.06.2011 passed in R.M.P. No.- 03/2011-12 (Annexure-7) passed by respondent no.- 4 whereby and whereunder the selection of respondent no-7 as Aanganbari Sevika in Jainal Tola Aanganbari Centre of South Begumganj Panchayat of Sahibganj District, without making due inquiry into the matter has been held to be proper, although from the documents on record it is evident that respondent no. 7 by producing forged documents and mark sheet has secured her selection and on this ground alone her selection is void ab initio in the eyes of law and further respondent no.- 7 had not been selected by the Aam Sabha which is the competent authority as per relevant rule (Annexure-3) and selection committee has only supervisory role and is not empowered to make selection and further the petitioner being the most competent candidate and had been selected by the Aam Sabha and as such petitioner alone was entitled for appointment on the said post, 2025:JHHC:16724 2 II. For further direction upon Respondents to appoint the petitioner who is resident of Jainal Tola South Begumganj Panchayat and also possess higher qualification amongst all the other candidate participating in the Aam Sabha, AND/OR To pass such other order / orders as your lordship may deem fit and proper for doing justice, in fact of present case.” 2. A counter affidavit has been filed in this case by respondent nos. 4 to 6 wherein at paragraph nos. 10, 11 and 12 it has been stated thus: “10. That as per the government circular the meeting of the beneficiaries of concerned area/village, was held on 23.08.2009 at Upgraded Primary School, Jainal Toal, for section of Sevika & Sahayika of Jainal Tola, Anganbari centre, in presence of authorized officer, Head Master, A.N.M. and ladies supervisor and Panchayat Sewak of that South Begamgunj Panchayat. There were three candidate namely Renuka Khatoon, Tazinur Khatoon and Alom Ara Bibi had filed the petition for Sevika and only one candidate Jaibun Nisha had filed a petition for sahayika post in the said meeting it has found that Tazinur Khatoon qualification is I.A from Hindi Vidyapit and got 53.5% in the said examination and the writ petitioner qualification is I.A. and she got 4.3% in the said examination, and one candidate Renuka Khatoon got 45.2% marks in Sahitya Bhushan, Examination i.e I.A., so the selection committee and villagers i.e. beneficiaries of the said Aangabari had resolved and selected to Tazinur Khatoon as Sevika of that Aanganbari Centre. 11. That these answering respondents respectfully submitted that the writ petitioner had earlier moved before the Hon'ble High Court has directed "Considering the facts stated above, this writ petition is being disposed of by giving liberty to the petitioner to make a fresh representation before the Deputy Commissioner, Sahibganj, stating detail about her claim and grievance within a period of three week. If such a representation is filed by the petitioner, the Deputy Commissioner, Sahibganj, shall consider the claim and grievances of the petitioner and taken the decision in accordance with law the within a period of eight weeks". Hence in the light of Hon'ble Court order the Deputy Commissioner, Sahibganj has initiated a case vide R.M.P. No.3/11-12, Aloma Ara Khatoon Vs Tazinur Khatoon and issue notice, both the parties, he was satisfied that the selection of Tazinur Khatoon in the meeting is perfect as because she has high marks then the writ petitioner and passed his order on 26.05.2011 and rejected the petition of the writ petitioner. 12. That under the above facts and circumstances, Sahibganj, had rightly passed his order on 26.05.2011 and rejected the petition of the writ petitioner as because selected candidate Tazinur Khatoon has highest marks than the writ petitioner, hence this writ application is not maintainable in the eye of law as well as the facts and circumstances of the case.” 3. In view of the aforesaid fact that the petitioner was not having 2025:JHHC:16724 3 more marks in I.A qualification than the private respondent, no relief can be granted to this petitioner. Accordingly, the instant writ application stands dismissed. (Deepak Roshan, J.) Amit