IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13012 of 2009 USHA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Mrityunjay Kumar, Adv. Mr. Alok Kumar Singh, Adv. ----------------- 2. 9.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the selection of private respondent no. 11 on the post of Aganwari Sevika/Sahayika in preference to the petitioner who was also a candidate. The allegation is that the educational qualification certificate of the private respondent are forged and fabricated. Reliance is placed on the report of the District Magistrate dated 29.2.2008 at Annexure-13 stating that he has had the matter enquired by the Additional Collector and the District Education Officer, Jehanabad who had reported that the educational qualification certificate of the private respondent was forged and fabricated. Quite contrary to the same the District Magistrate now himself on 2.2.2009 was reporting to the office of the Lokayoukta that the educational qualification of the private respondent after enquiry had been found to be valid. Learned counsel for the State submits that the matter may be remitted to the Commissioner for examining 2 the issue. To this Court the aforesaid two communications of the District Magistrate are apparently contradictory. Let the Commissioner, Magadh division pass final appropriate order on the issue after hearing all concerned within a maximum period of two months from the date of receipt/production of a copy of this order before him on a petition by the petitioner enclosing the necessary documents. This Court further directs the Commissioner that in the event one of the reports is found to be incorrect, the Commissioner shall direct necessary administrative and departmental action with regard to the delinquent concerned who issued the wrong order. P. Kumar (Navin Sinha, J.)