IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15645 of 2009 1. KUMARI SANGEETA W/O SRI RAKESH KUMAR R/O VILL.- KHANPURA, P.S.- GIRIYAK, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE NALANDA 3. THE CHILD DEVELOPMENT PROJECT OFFICER, GIRIYAK, DISTT.- NALANDA ----------- 2/ 15/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was an applicant for the post of Angan Bari Sevika in village- Khanpura in Puraini Panchayat under Giriak Block. She was empanelled at serial No.1 while one Rita Devi was placed at Serial No.2 of the same. Having been denied appointment giving preference to the person at serial No.2 of the panel, the petitioner agitated the matter with the allegation that the Mukhiya and Panchayat Sachiv have abused the authority conferred on them by making appointments illegally, contrary to the merit panel. This led to institution of C.W.J.C. No.16053/07 disposed by this Court with directions to the District Magistrate to decide the matter appropriately. The District Magistrate on 31.8.2009 in case No.9/09 by a reasoned and well 2 discussed order has arrived at the finding that the petitioner was fully eligible and competent to be appointed being at serial No.1 of the panel. He has further arrived at a finding that the allegations of alleged ineligibility of the petitioner, on facts, were not sustainable. He simultaneously arrived at the conclusion that the aforesaid Rita Devi at serial No.2 of the panel had no locus standi at all and her appointment was completely illegal. This Court finds no substance in the submission on behalf of the State either that the petitioner has the remedy of an appeal before the Commissioner or that there was no error in the order of the District Magistrate directing fresh selection. The life of a panel for appointment on the post of Angan Bari Sevika under the Rules is normally for one year. The petitioner appears to have agitated the matter within the same. The institution of a First Information Report against the Mukhiya and the Panchayat Secretary with regard to the illegal appointment made ignoring the case of the petitioner satisfies this Court that 3 such an appointment of a person at serial No.2 of the panel cannot be classified as a irregular appointment to uphold the order of the District Magistrate. This Court holds that the fraudulent appointment of the aforesaid Rita Devi virtually amounts to no appointment at all. The petitioner is at Serial No.1 of the panel. The order of the District Magistrate dated 31.8.2009 is, therefore, set aside only to the extent that it directs a fresh process of selection to be initiated ignoring the case of the petitioner. Let the case of the petitioner be now considered in accordance with law in light of the aforesaid discussion and final appropriate reasoned and speaking order passed within a maximum period of two months from the date of receipt/production of a copy of this order before him. The writ application stands allowed. KC/ ( Navin Sinha, J.)