IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.775 of 2009 ANJANI KUMARI@ ANJANI DEVI Versus THE STATE OF BIHAR & ORS ----------- 2. 27.06.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. It is submitted that the candidate at serial one of the panel joined on the post of Anganwari Sevika on 12.3.2007 and subsequently resigned on 17.7.2007. The petitioner being the next in the merit list was then appointed but has been terminated in violation of the principles of natural justice by the impugned order dated 21.11.2008. Learned Counsel for the petitioner sought to persuade the Court that her appointment was made after taking necessary administrative approval and a finding that the resignation had been accepted in accordance with law. Once the candidate at serial one of the panel was selected, appointed and joined the vacancy stood exhausted and the merit list defunct. Any vacancy arising by her resignation was a fresh vacancy to be filled up subsequently in accordance with law giving equal opportunity to all. The appointment of the petitioner after resignation of the person at serial one of the panel was itself illegal. In AIR 2001 Supreme Court 2900 (State of Punjab Vs. Raghbir Chandra Sharma) it has been held at paragraph 4 as follows:- “4……………… With the appointment of the first candidate for the only post in respect of which the consideration came to be made and select panel prepared, the panel ceased to exist and has outlived its utility and art any rate, no one else in the panel can legitimately contend that he should have been offered appointment either in the vacancy arising on account of the subsequent resignation of the person appointed from the panel or any other vacancies arising subsequently ….” The Court finds no reason to interfere with the impugned order dated 21.11.2008. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)