IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12727 of 2009 INDU BALA SINHA Versus THE STATE OF BIHAR & ORS ----------- 2. 7.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order of the District Magistrate in Case No. 97M/09 dated 29.6.2009, by which the petitioner has been denied consideration for appointment as Anganbari Savika on an issue of her educational qualification. It was submitted that the petitioner sought to prefer an appeal before the Divisional Commissioner acceptance of which was refused on grounds of lack of jurisdiction to entertain such appeal. Refusal of acceptance of appeal against the order of the District Magistrate has been specifically pleaded in Paragraph 10 of the writ application. It has been simultaneously pleaded in Paragraph 11 that the Divisional Commissioner has entertained an Appeal No. 66 of 2008 on the issue of appointment of the Anganbadi Sevika based on educational qualification. Learned counsel for the State fairly acknowledges that an appeal shall lie before the Commissioner against the orders of the District Magistrate under Clause 11(2) of the instructions for appointment and other service conditions of Anganbadi Sevika framed in 2006 as modified in 2008. This Court in C.W.J.C. No12559 of 2009 has also noticed a similar stand taken on behalf of the State that appeal was maintainable before the Commissioner. If the Commissioner has entertained a similar appeal 2 against an order of the District Magistrate with regard to the appointment on the post of Anganbadi Sevika in Case No. 66 of 2008, there is no justification not to entertain the petitioner’s appeal. Though learned counsel for the State sought to urge that limitation for preferring of such an appeal was 30 days from the date of the order i.e., 29.6.2009, this Court is not persuaded to entertain the said objection in view of the stand of the respondents themselves when they appear to entertain or rejects appeals on their whims and fancies. The issue of limitation loses its relevance in that context. If the petitioner present her memo of appeal within a maximum period of one month from today before the District Commissioner, Magadh, this Court expect that the memo of appeal shall be disposed off by a reasoned and specking order after hearing all concerned including respondent no. 8 within a maximum period of four months from the date of receipt/production of a copy of this order, without going into issues of limitation. The writ application stands disposed with the aforesaid directions. P. Kumar (Navin Sinha, J.)