IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15120 of 2009 ANJU KUMARI W/O SUNIL CHOUDHARY R/OVILL BIHARI ROAD HILSA, P.O &P.S. HILSA , DISTT- NALANDA ---------- PETITIONER Versus 1. THE STATE OF BIHAR 2. COMMISSIONER BIHAR, PATNA 3. DISTRICT MAGISTRATE null NALANDA AT BIHAR SHARIF 4. SUB DIVISIONAL OFFICER HILSA, DISTT- NALANDA 5. CHILD DEVEOLPMENT PLANNING OFFICER HILSA, DISTT- NALANDA 6. DEPUTY COLLECTOR, INCHARGE CUM SECRETARY, PUBLIC COMPLAINT CELL NALANDA 7. SMT. KKUMARI PUSPA SINHA W/O DINESH KUMAR R/O VILL RAVIDAS TOLA, BIHARI ROAD, HILSA, P.O&P.S HILSA, DISTT- NALANDA ------------ RESPONDENTS ----------- 2 26-11-2009 Heard learned counsel for the petitioner and the State. The grievance with regard to the post of Anganbari Sevika at Hilsa Ravidas Tola is that notwithstanding the selection on the post, Respondent no.7 came to be illegally appointed. It appears that there is a report of the Sub Divisional Officer dated 6.8.2007 adverse to the Respondent no.7. The District Magistrate, Nalanda set aside her appointment when in Appeal preferred by her the Commissioner has directed fresh selection, against which the petitioner is aggrieved claiming appointment as the next eligible candidate. There is no specific pleading in the writ application - 2 - that the Respondent no.7 had joined duty after her selection. If Respondent no.7 had joined duty and has then been removed, the order of the commissioner merits no interference. It is settled law that once the appointment is made the vacancy stands exhausted and the panel extinguished. If thereafter for any reasons the appointee is removed, it entails fresh advertisement and fresh selection. It appears from Annexure-6 that the panel was prepared in August,2007 was valid till 31.12.2008. If Respondent no.7 had not joined and the petitioner agitated her grievance before the appropriate authority during the life of the panel itself, in that case Respondents shall be obliged to consider the case of the petitioner for appointment in accordance with law. Let these aspects of the matter be examined by Respondent no.3 and pass a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of the this order. The application stands disposed. NKS/- ( Navin Sinha, J)