IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17921 of 2009 1. PHUL KUMARI W/O BABU NANDAN JHA R/O VILL- KUKROUN NO. -1, P.S- DHAMDHAHA, DISTT- PURNEA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF SOCIAL AND WELFARE GOVT.OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE PURNEA, DISTT- PURNEA 3. DISTRICT PROGRAMME OFFICER PURNEA 4. CHILD DEVELOPMENT PROJECT OFFICER, DHAMDHAHA, DISTT- PURNEA 5. MUKHIYA PANCHAYAT RAJ KISHANPUR, BALUA, P.S- DHAMDHAHA, DISTT- PURNEA 6. PANCHAYT SECRETARY PANCHAYAT RAJ KISHANPYUR, BALUA, P.S- DHAMDHAHA, DISTT- PURNEA 7. ANURADHA W/O DHARMENDRA NATH THAKUR, R/O VILL- KUKROUN NO.- 1, P.S- DHAMDHAHA, DISTT- PURNEA 8. SUNITA DEVI, D/O DAMO URAWAN, R/O VILL- MILIK TOLA KUKROUN, NO.-1, P.S- DHAMDHAHA, DISTT- PURNEA ----------- 2. 9.3.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 31.10.2009 rejecting her appeal against denial of appointment on the post of Anganwari Sewika in preference to respondent no. 7. Learned counsel for the petitioner submits that no appeal shall lie before the Commissioner against the order of the District Magistrate as it does not relate to any persons removal from service. A Division Bench of this Court in L.P.A. No. 863/09 has explained the matter by holding that when an Anganwari Sewika is removed from the post on the ground of deficiencies in service at the Kendra, the 2 order is assailable before the District Programme Officer but when the matter relates to selection and appointment at the initial stage, the District Programme Officer is not competent to examine such issues and the matter shall have to be placed straightway before the District Magistrate, an officer superior in rank considering the nature of issue involved. Learned counsel for the State, therefore, rightly submits that the order dated 31.10.2009 is appealable before the Commissioner of the Division. The application is disposed with the observation that if the petitioner prefers such appeal within a period of 30 days from today, let the same be considered and decided after hearing all concerned, including respondent no. 7, by a reasoned and speaking order within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)