IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8056 of 2011 Maya Devi, wife of Shri Pravin Kumar, resident of village – Chhatana, Panchayat Parsa Bazar, Anchal and Police station – Phulwarisharif, District – Patna. Versus 1. The State of Bihar. 2. The Collector of District Patna. 3. Sub Divisional Officer, Sadar, Patna. 4. The Block Development Officer, Phulwarisharif, Patna. 5. The Child Development Project Officer, Phulwarisharif, Patna. ----------- 02. 17.8.2011 From perusal of Annexure-5 it is evident that on a complaint made by Laxmi Kumari with regard to selection of the present petitioner on the post of Anganbari Sewika, a clear and categorical finding has come to be recorded based on evidence that on the date of selection of the petitioner, her husband was not a Panch and he had already tendered resignation from the post of Sarpanch which was accepted. In other words, there was no disqualification which this petitioner suffered on this count. Despite such a categorical finding the Collector has gone ahead and passed an order for carrying out a fresh exercise for selection. The contention of the counsel for the petitioner that such a view or direction seems to be misplaced merits consideration. If the selection of the petitioner did not suffer from any infirmity and just because some disputes or litigations were raised in this regard which took time in deciding, it does not mean that petitioner had lost her right for appointment. If the 2 selection was legal, right for such appointment also remains. To that extent the direction of initiation for carrying out fresh exercise for filling up the post is uncalled for. Petitioner has also brought to my notice yet another order passed in the similar circumstance by the Collector, Patna where he has given a direction for appointment in light of the dispute having been decided in favour. Why two yardsticks are being maintained by the Collector, Patna is not appreciated or understood by this Court. The direction of the Collector, contained in Annexure-5, to initiate fresh process of selection is hereby quashed and a direction is issued that the petitioner would now be appointed on the post because she was otherwise eligible for such selection and there was no infirmity in the selection. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)