IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11797 of 2008 SUNITA SINHA . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 07/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner along with private respondent No.7 was an applicant for the post of Secretary, Gram Panchayat Raj Peshaur, P.S. Rahui, district- Nalanda. She is aggrieved by denial of appointment despite being at Serial No.1 of the panel, but granted to respondent No.7 at Serial No.2 of the panel. Learned counsel for the petitioner submits that he does not wish to press the writ application and desires to avail the alternative remedy of an appeal before the District Magistrate. It is submitted that the petitioner had raised the issue within a period of 30 days before the B.D.O. when she has represented on 13.10.2007 and therefore she apprehends being prejudiced by the finding in an order by the S.D.O. in his order dated 3.10.2010 the subject matter of the proposed appeal that she had not raised issue within a period of 30 days required under the Rules. Prima facie, this Court finds justification in the claim of the petitioner not to unseat her in any - 2 - proposed appeal on that ground. If the petitioner files any appeal before the appellate authority within 30 days from today, let the same be considered on merits without going into issues of limitation and decided by a reasoned and speaking order after hearing all concerned including respondent No.7 preferably within a maximum period of two months from the date of receipt/presentation of such an appeal along with a copy of this order. The application stands disposed. KC ( Navin Sinha, J.)