IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1738 of 2010 RAJ KUMARI W/O TARUN KUMAR MAHTO R/O VILL PUSHAO, P.S.BITHAN,DISTT-SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WELFARE DEPARTMENT GOVT.OF BIHAR,PATNA 2. THE SECRETARY,WELFARE DEPARTMENT GOVT. OF BIHAR,PATNA 3. THE DIRECTOR WELFARE DEPARTMENT BIHAR,PATNA 4. THE DISTRICT MAGISTTRATE SAMASTIPUR 5. THE DISTRICT WELFARE OFFICER SAMASTIPUR 6. THE CHILD DEVELOPMENT PROJECT OFFICER BITHAN 7. MUKHIYA , GRAM PANCHAYAT PUSHAO, SAMASTIPUR ----------- 2. 3.8.2010 Heard learned counsel for the petitioner and the State. Learned counsel submits that the petitioner approached this Court in C.W.J.C. No. 15279 of 2007, which was disposed with a direction to consider her representation. In pursuance thereof the District Magistrate, Samastipur held that the appointment of one Minakshi Kumari as an Aganwari Sewika was wrong and has terminated her appointment. The prayer therefore is to consider the petitioner for such appointment. If after a process of selection a candidate was appointed and had joined, and the appointment came to be terminated subsequently on an allegation of improper or incorrect appointment, the termination of such an appointee does not revive the 2 vacancy but creates a fresh vacancy for appointment. In that view of the matter, this Court finds no error in the order dated 7.1.2010 directing for fresh selection and appointment after terminating the erstwhile wrong appointee. No exception can be taken on the stand of the petitioner that if she applies in the response to an advertisement for appointment to the same, her case has to be considered in accordance with law. The writ application is disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)