IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15962 of 2009 1. MINTA DEVI W/O KISHORE KUMAR VILL- CHOTKI MASAUDHI, P.S. MASAUDHI, DISTT. PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. COLLECTOR PATNA 3. S.D.O. MASAUDHI, DISTT. PATNA 4. C.D.P.O. MASAUDHI, DISTT. PATNA 5. MUKHIYA GRAM PANCHAYAT REWA BLOCK MASAUDHI, DISTT. PATNA 6. DIRECTOR, I.C.D.S. BIHAR, PATNA ----------- 2. 23.12.2009 Heard learned counsel for the petitioner and the State. It is submitted that in the scheduled caste category, the petitioner was at serial 1 for appointment on the post of Anganbari Sevika at the centre concerned, where dominant category was scheduled caste. Contrary to that the Mukhia appointed another, who belongs to the O.B.C. category and below the petitioner in the panel. The petitioner represented against the same pointing out the illegality within one year of the wrong selection. It is next submitted that the normal life of a panel in law is one year unless prescribed otherwise. When palpably illegal appointment is made, it cannot be said that the vacancy has stood exhausted. The petitioner has raised the issue within the life of the panel and is, therefore, entitled to be considered for appointment after palpably illegal appointment has been set aside. Learned counsel for the State submits from Annexure-4 that fresh process of selection has been initiated and the petitioner may also apply. This Court on facts is satisfied that the present is not 2 a case where it can be said that the vacancy stood exhausted by palpably illegal appointment of a person of O.B.C. category despite the availability of a scheduled caste candidate. The petitioner having raised the issue within the life of the panel, the Respondents are directed to consider her case for appointment. The order dated 21.2.2008 is set aside in so far as it directs fresh selection. It goes without saying that effectiveness of this order will be subject to any challenge having been made by the ousted candidate to the order dated 21.2.2008. The application stands disposed. AKS/ (Navin Sinha, J.)