IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9965 of 2010 SMT.GANGOTRI DEVI, W/O OMPRAKASH SINGH, R/O VILLAGE-NAWANAGAR, P.O. AND P.S.-NAWANAGAR, DISTRICT-BUXAR. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS COMMISSIONER CUM SECRETARY SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER CUM SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, I.D.S., GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER, PATNA COMMISSIONERY, PATNA. 5. THE DISTRICT OFFICER, BUXAR, BIHAR. 6. THE DISTRICT PROGRAMME OFFICER, BUXAR. 7. THE CHILD DEVELOPMENT PROJECT OFFICER, NAWANAGAR, BUXAR. 8. THE SUB-DIVISIONAL OFFICER, NAWANAGAR, PATNA. 9. THE BLOCK DEVELOPMENT OFFICER, NAWANAGAR, BUXAR. 10.PANCHAYAT RAJ OFFICER, BLOCK NAWANAGAR, BUXAR. 11. THE MUKHIYA GRAM PANCHAYAT NAWANAGAR, BUXAR. 12. THE UP-MUKHIYA GRAM PANCHAYAT NAWANAGAR, BUXAR. 13. THE WARD MEMBERS OF WARD NO.5/6 OF GRAM PANCHAYAT NAWANAGAR, BUXAR. 14. THE PANCHAYAT SECRETARY GRAM PANCHAYAT NAWANAGAR, BUXAR. 15. SMT.KUMKUM DEVI, W/O PRAMOD KUMAR YADAV, R/O VILLAGE+P.O.+P.S. NAWANAGAR, DISTRICT- BUXAR. ………………RESPONDENTS. ----------- 3 21.12.2010 The grievance of the petitioner is that though the appointment of respondent no.15 was cancelled by the District Programme Officer, Buxar vide his order dated 3.2.2010, instead of directing for appointment of the petitioner who has higher marks, directions have been issued for holding fresh selection 2 process. Learned counsel for the petitioner produces an order dated 18.11.2010 passed in CWJC No.5290 of 2010 preferred by the respondent no.15 wherein this Court has directed the respondent no.15 to file an appeal before the District Magistrate which has been directed to be considered within a maximum period of three months. Learned counsel submits that since the respondent no.15 has been allowed to file an appeal before the District Magistrate, the District Magistrate should consider the case of the petitioner also for her appointment in place of respondent no.15 instead of holding fresh selection process. Since a Bench of this Court has referred the matter to the District Magistrate, it is appropriate that the petitioner should also appear before the District Magistrate and ventilate her grievances. Therefore, this writ application is disposed of with liberty to the petitioner to appear before the District Magistrate in the appeal preferred by respondent no.15 or in 3 case she files some fresh appeals the same should also be heard along with the appeal of respondent no.15 and orders should be passed as directed by the said order of this Court. It is made clear that no appointment shall be made till the appeals are decided by the District Magistrate. Arvind/ ( J. N. Singh, J.)