IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14661 of 2009 1. URMILA DEVI W/O ARJUN PRASAD VILL JAHANABAD, P.S KUDRA, DISTT KAIMUR Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPARTMENT OF WELFARE, GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR , INTEGRATED CHILD DEVELOPMENT SCHEME GOVERNMENT OF BIHAR, PATNA 4. COMMISSIONER PATNA DIVISION, PATNA 5. DISTRICT MAGISTRATE KAIMUR, BHABHUA 6. DISTRICT WELFARE OFFICER KAIMUR, BHABUA 7. CHILD DEVELOPMENT PROJECT OFFICER KUDRA BLOCK, KAIMUR, BHABHUA 8. MUKHIYA- CUM- CHAIRMAN , AAGANBARI SELECTION COMMITTEE, GRAM PANCHAYAT, JAHANABAD, AT P.O- JAHANABAD, P.S KUDRA, DISTT- KAIMUR 9. REETA KUMARI W/O VIJAY RAM VILL+P.O- JEHANABAD, P.S. KUDRA, DISTT- KAIMUR ----------- 2 18.11.2009 Heard learned counsel for the petitioner and the State. One Reeta Kumari was selected on the post of Anganbari Sebika. It was challenged before the District Magistrate. By order dated 12.11.2007 her selection was cancelled. Fresh selection followed on 26.5.2008, when the petitioner came to be appointed. Reeta Kumari assailed her cancellation before the Commissioner who by his order dated 24.12.2008 set aside the order of the District Magistrate dated 12.11.2007. From the order of the Commissioner, it is apparent that the petitioner was not noticed or heard as there is no discussion of any notice issued to the petitioner and her failure to appear only whereafter it was being decided ex parte against her. 2 This is also the specific pleading in Paragraph 11 of the writ petition, that she was not even impleaded as a party respondent even in the appeal before the Commissioner by the aforesaid Reeta Kumari. The petitioner was the fulcrum of the issue before the Commissioner. She was not considered necessary to be heard and has been condemned unheard. The order of the Commissioner dated 24.12.2008 in its present form is therefore not sustainable. It is set aside. Since notice has not been issued by this Court to Reeta Kumari, respondent no. 9, this order shall not result in the revival of any fresh benefit of reinstatement to the petitioner till such time that the Commissioner does not hear the parties afresh and decide the matter by a reasoned and speaking order. Status quo with regard to the functioning on the post of Anganbari Sebika for which the dispute arises between the petitioner and respondent no. 9 shall be maintained till disposal of the matter by the Commissioner within a maximum period of three months from the date of receipt/production of a copy of this order before the Commissioner. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)