IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5732 of 2009 MADHU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 11.5.2009 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner with regard to the appointment on the post of Secretary of Gram Panchayat definitely has an element of comparative evaluation of her case vis-à-vis case of Archana Kumari as is apparent from her own representation dated 12.10.2007 as contained in Annexure-4 to this writ application. It is the case of the petitioner that the said post of Gram Kutchery is still vacant and as such, when the work of Gram Kutchery is being impeded, this Court should direct the Respondent to consider of the case of appointment of the petitioner on the post of such Secretary of Gram Kutchery as she is better to all other candidate. This Court would find it difficult to make a comparative evaluation of the merit of the petitioner vis- à-vis the aforementioned Archana Kumari who in fact has not been impleaded as party to this 2 writ application. In such a situation, this writ application instead of being dismissed on the good ground of nonjoinder of necessary party, is permitted to be withdrawn for enabling the petitioner to file an exhaustive representation to the Collector of the District who shall examine the case of the petitioner vis-à-vis Archana Kumari and/or any other eligible person and pass necessary order for filling up the post of Secretary of Gram Kutchery after affording an opportunity of hear to all concerned. Such exercise must be completed by the Collector of the district within a period of six months from the date of receipt/production of the aforesaid representation of the petitioner along with a copy of this order. With the aforesaid observations and directions this writ application is dismissed as withdrawn. Rsh (Mihir Kumar Jha, J.)