IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2775 of 2009 SMT.RINA KUMARI @ REENA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 2.3.2009 Heard Mr. Banwari Sharma, learned counsel for the petitioner and the counsel for the State. This Court would find that the order dated 11.7.2008 passed by the District Magistrate of Gaya district disposing of the representation filed by the petitioner is rather a very sketchy effort of the said authority. The moment the said authority had found that a panel had already been prepared on 18.3.2007, he was bound to give some credence to the allegation of the petitioner that 7.4.2007 was not the last date for filing of the application. More over, if the said authority had himself found the panel to be defective in case of Ritu Kumari, Sahayika in Anganwari Sanda East, he had all the more reason to find out as to whether the name of Sangita Kumari (respondent no.9), who is said to have been appointed ignoring the case of the petitioner, could have been actually treated to have applied in time or included her name in the panel 2 (Annexure 7B) validly. All these aspects in fact would have required the presence of Sangita Kumari and therefore, this Court would remit the matter back after setting aside the impugned order to the Collector of Gaya District as relegating the petitioner to District Teachers Appellate Authority in terms of the Government guideline would not serve the purpose in this case. The petitioner if so advised may file a fresh representation impleading respondent no.9 Sangita Kumari as a party and by taking all the pleas and also supporting than by any evidence. The Collector of Gaya District thereafter would examine the same, issue notice to Sangita Kumari (respondent no.9) and pass an order after hearing all the concerned parties within a period of six months from the date of receipt/ production of a copy of this order. It is however made clear that the aforesaid decision taken by the Collector, Gaya would be assailed only before the District Teachers Appellate Authority, Gaya. 3 With the aforesaid observations and directions this application, accordingly, stands disposed of. (Mihir Kumar Jha,J.) Surendra/