IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16477 of 2009 1. MEENA DEVI W/O KARU PANDIT VILL- FATEHALI, P.O. TUNGI, P.S. DEEP NAGAR, DISTT. NALANDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE DISTT. NALANDA 3. THE CHILD DEVELOPMENT PROGRAMME OFFICER NALANDA 4. THE MUKHIYA SAKRAUL GRAM PANCHAYAT, P.S. DEEP NAGAR, DISTT. NALANDA ----------- 2. 12.1.2010 Heard learned counsel for the petitioner and the State. In a panel prepared on 29.7.2007 for selection on the post of Anganwari Sewika, the petitioner claims to have been empanelled at serial no. 2 while one Meera Kumariwas empanelled at serial no. 1. On a complaint alleged to have been made by the petitioner the candidate at serial no. 1 has been terminated after appointment on 23.5.2009 by order of the District Magistrate holding that she had obtained appointment by fraud and empanelled by fixing wrong photograph of another person. Normally, once a post is filled up, vacancy stands exhausted and if subsequently the appointed person is terminated or resigns, the vacancies has to be filled by a process of fresh selection only. But, when the appointment is terminated on the ground of fraud and forgery, the termination operates from nativity as appointment by fraud amounts to no appointment at all making the vacancy originally available. 2 This application is disposed with direction to the District Magistrate to examine, if the petitioner had represented or raised the issue within one year from the selection of the erstwhile removed candidate, Meera Kumari i.e. from 29.7.2007. If the petitioner had raised the issue within the aforesaid period, the respondents are directed to consider her case for appointment, being at serial no. 2 of the merit penal. If the District Magistrate is satisfied that the petitioner has not raised the issue within a period of one year from 29.7.2007, the order of the District Magistrate directing fresh selection shall warrant no interference. Let such appropriate decision be taken by the District Magistrate forthwith and expeditiously before initiating any fresh process of selection. The writ application stands disposed. P. Kumar (Navin Sinha, J.)