IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4825 OF 2008 MOSARRAT YASMIN, WIFE OF ABDUL HASAN, RESIDENT OF VILLAGE TAJNAGAR, POST OFFICE AND POLICE STATION FULWARISHARIF, DISTRICT PATNA …………………………………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DIRECTOR, INTEGRATED CHILD DEVELOPMENT SCHEME, BIHA, PATNA 4. THE DISTRICT WELFARE OFFICER, PATNA 5. THE SUB DIVISIONAL OFFICER, PATNA 6. THE CHILD DEVELOPMENT PROJECT OFFICER, FULWARISHARIF, PATNA …………………………………………………………………………….RESPONDENTS ********* 2 22/04/2011 The petitioner is aggrieved by the order as contained in Annexure-4 by which her appointment as Aanganbari Sevika was challenged by Gulnaz Begum, who has not been impleaded as party in this writ application. The District Magistrate, Patna while considering this aspect of the matter has found that the candidature of the person who had the highest marks was rejected on the ground that she was the daughter of the village and not a divorcee, which would allow her to be considered for the post. Gulnaz Begum had the second highest marks, however, her case was also rejected on the ground that she did not possess a good nature. The District Magistrate has held that when there is no evidence regarding the disposition of the lady, 2 the ground of rejection is frivolous and not sustainable in law. This Court is not feel inclined to interfere with the order of the District Magistrate, Patna as there is a provision for appeal before the Commissioner. The petitioner may exercise her right by filing an appeal before the Commissioner, Patna. In case, the petitioner files an application along with a limitation petition within a period of four week from today, the delay in filing the appeal may be considered sympathetically in view of the fact that the petitioner was pursuing the matter before the High Court. This writ application is accordingly disposed of. Anand ( Sheema Ali Khan, J. )