IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1085 of 2011 In Civil Writ Jurisdiction Case No. 14933 of 2009 ====================================================== 1. Manju Kumari wife of Shiv Prakash Prasad, R.O.V. Surari Imam Nagar, P.O. and Gram Panchayat Surari, Imam Nagar, P.S. Halsi, Dist. Lakhisarai. 2. Shiv Prakas Prasad, s/o Sri Parmeshwar Mahto @ Puro Mahto, r/o Surari Imam Nagar, P.O. and Gram Panchayat Surari Imam Nagar, Imam Nagar, P.S. Halsi, Dist. Lakhisarai. .... .... Appellant/s Versus 1. The State f Bihar. 2. The Collector, Lakhisarai. 3. The District Welfare Officer, Lakhisarai. 4. The District Programme Officer, Lakhisarai. 5. Child Development Officer, Ramgarh. 6. Md. Hussain Immam, Ex. Mukhiya, Resident and P.S. Surari, Imam Nagar, P.S. Halsi, Dist. Lakhisarai. 7. Gita Kumar, wife of late Binod Prasad, r/o Village and P.O. Surari, Imam Nagar, P.S. Halsi, Dist. Lakhisarai. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shabbir Ahmad with Mr. Shambhu Sharan Singh, Advocates For the Respondent/s : Mr. Bhaskar Shankar, A.C. to G.P.-16 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 29-07-2011 Feeling aggrieved by the common judgment and order Patna High Court LPA No.1085 of 2011 (2) dt.29-07-2011 2 dated 6th May 2011 passed by the learned single Judge in so far as the above C.W.J.C. No. 14933 of 2009 is disposed of, the writ petitioners have preferred the present Appeal. Pursuant to 1997 selection process, the respondent no.7 was appointed as Anganwadi Sevika at Anganwadi Centre no.64 in Surari Imamnagar Gram Panchayat, P.S. Halsi, District Lakhisarai. In 2008, the appointment of the respondent no.7 was held to be bad, secured by production of forged documents. The appellant no.1 claimed appointment, she being the only other candidate. Learned single Judge has disposed of the writ petition on observation that the appellant had a remedy of appeal before the Divisional Commissioner. Therefore, the present Appeal. Learned advocate Mr. Shabbir Ahmad has appeared for the appellants. He has submitted that the appointment of the respondent no.7 having been cancelled as secured by production of forged documents, the appellant no. 1 being the only other candidate has a right to appointment as Anganwadi Sevika at the aforesaid Anganwadi Centre no.64. In our view, the claim is wholly misconceived. The appellant no.1 can not claim appointment pursuant to 1997 selection process. If at all the appointment of the respondent no.7 is found to be illegal or unsustainable; if her appointment is Patna High Court LPA No.1085 of 2011 (2) dt.29-07-2011 3 cancelled, the vacancy will have to be filled in by proper selection process. Appeal is dismissed in limine. M. Rahman/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)