IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13648 of 2011 Kumari Beauty W/O Shri Randhir Kumar Rana R/O Vill.- Panchgachya, P.S.-Murliganj, Distt.-Madhepura-Petitioner Versus 1. The State Of Bihar. 2. The Commissioner-Cum-Secretary, Social Welfare Deptt., Govt. of Bihar, Patna. 3. The District Magistrate, Madhepura. 4. The District Welfare Officer, Madhepura. 5. The District Programme Officer, Madhepura. 6. Shri Swet Kamal, Ward Commissioner of Ward No.-14, Nagar Panchayat, Murliganj, Madhepura. 7. The Child Development Project Officer, Murliganj, Madhepura. 8. The Nagar Panchayat, Murliganj, Represented Through Its Municipal Executive Officer, Nagar Panchayat, Murliganj, and Madhepura. 9. The Municipal Executive Officer, Nagar Panchayat, Murliganj, Madhepura-----------------Respondents ---------------------------------- 2 15.10.2011 Heard learned counsel for the parties. Petitioner is aggrieved by the order passed by the District Magistrate, Madhepura (annexure-10) by virtue of which the entire selection made on the post of Anganbari Sevika for the Centre concerned has been held to be bad and direction has been issued to the District Programme Officer, Madhepura to hold a fresh exercise for selection of Anganbari Sevika for Nagar Panchayat- Murliganj in Ward No. 14 Tola Panchgachhiya. Submission of counsel is that the claim of the petitioner should have been considered and a direction ought to have been issued for her appointment if appointment of the selected candidate is bad. Submission of the counsel would have merited consideration provided the direction of the District Magistrate was limited to the illegality of selection of candidate in question. Since 2 infirmity in the entire selection process itself has been discussed and taken note of, then the entire selection is vitiated and the Collector has done no wrong by directing that a fresh exercise is required to be done instead of settling down for second or third applicant. In view of above no interference is warranted with the order of District Magistrate. The District Programme Officer, Madhepura must carry out the order of District Magistrate at the earliest by strictly following the procedure laid down in the guidelines for such selection within the shortest possible time. This writ petition is disposed of with the observation that petitioner has liberty to participate in the fresh exercise if she does not suffer from any legal infirmity. RPS ( Ajay Kumar Tripathi, J.)