IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2869 of 2006 REKHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 3. 04.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. No one appears on behalf of the private respondents 4 and 5. The issue relates to the appointment on the post of Anganwari Sevika in the Beldaribigha Gram Panchayat. The contention of the petitioner is that the village was dominated by the Scheduled Castes “Dusadh”, the petitioner also belongs to the same and that her name was at serial one of the merit list of the proceeding dated 22.3.2005 for such appointment stands fortified by Annexure „A‟ to the counter affidavit of respondents themselves. The proceedings themselves stated that all the applicants, including the petitioner and respondents no. 5, were Class VII pass. Both of them belonged to „Dusadh” community. The name of the petitioner has been placed at serial one of the panel. The proceedings have then been penned through with regard to the recommendation for appointment by the CDPO when a fresh proceeding has been drawn up on 22.3.2005 stating that respondent no. 5 was Class VIII pass as compared to the petitioner who was only Class Vii pass and therefore she has been recommended for appointment. Respondent no. 5 was at serial three of the original merit panel. The counter affidavit of the respondents at paragraph 7 states that the petitioner was never declared as a successful candidate. This is quite obviously contrary to the records. This Court directs the District Magistrate, Nalanda to hold an enquiry, hear all concerned, including the petitioner and respondent no. 5, and others necessary, with regard to the proceeding dated 22.3.2005 and arrive at a determinative finding with regard to the petitioner vis a vis respondent no. 5. If the District Magistrate finds substance in the claim of the petitioner, he shall be obliged to pass necessary orders for her appointment accordingly. In that event any wages paid in the meantime to respondent no. 5 shall then be recovered from those who made the appointment, from their salary if they are government servants and under the Public Demand Recovery Act if others be concerned. In the event that there be no substance in the claim, let a reasoned and speaking order be passed to that effect. Let the whole exercise be completed within a maximum period of four months from the date of receipt and/or production of a copy of this order. The application stands disposed. Snkumar/- (Navin Sinha,J.)