IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1308 of 2010 REKHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 02 26.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. In view of the nature of the order proposed to be passed when the interest of respondent no.5 is sought to be adequately protected at this stage, the Court does not consider it necessary to issue notice to respondent no.5 at this stage while disposing of the writ application. Suffice it to notice that respondent no.5 has been appointed as an Anganbari Sewika in the Anganbari Kendra at Hajipur Panchayat of Warsaliganj Block in Nawada District. This is questioned on the premise of basic lack of eligibility in qualifications of respondent no.5. It is submitted that she had her educational qualifications from the Hindi Sahitya Samellan, Allahabad, which has been held not to be valid for appointment in Government service in L.P.A. No. 2800 of 2010 ( State Versus Mamta Kumari & Ors.) preferred by the State Government itself. Learned counsel for the State fairly submits that in view of the order of the Division Bench the matter may be remanded to the District magistrate, Nawada. He 2 is obliged to issue notice to respondent no.5 at the centre, where she is working, which naturally the District Magistrate shall to be well aware of. If she does not respond to the notice from the District Magistrate, the latter shall be at liberty to proceed ex-parte in the matter also but after recording his satisfaction of due service of notice upon respondent no.5 and her refusal to participate. Let the District Magistrate pass a fresh reasoned and speaking order in accordance with law after hearing the petitioner and respondent no.5 fully discussing the order of this Court on an appeal preferred by the State preferably within a maximum period of six weeks from the date of receipt/production of a copy of this order before him. The application stands disposed. P.K. (Navin Sinha, J.)