IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7837 of 2010 1. SHABNAM SAHIL W/O SHAHNAWAJ ALAM R/O VILL.- SHIKARPUR, P.O. AND P.S. BALIA BELON, DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KATIHAR 3. THE DISTRICT PROGRAMME OFFICER, KATIHAR 4. THE SUB-DIVISIONAL OFFICER BARSOI, DISTT.- KATIHAR 5. THE CIRCLE OFFICER, KADWA, DISTT.- KATIHAR 6. THE CHILD DEVELOPMENT PROJECT OFFICER, KADWA, DISTT.- KATIHAR 7. THE BIHAR STATE MEDRASA EDUCATION BOARD, VIDYAPATI MARG, PATNA-1, THROUGH ITS CHAIRMAN 8. MUSARRAT JAHAN W/O MINHAJ ALAM R/O VILL.- SHIKARPUR, P.O. AND P.S. BALIA BELON, DISTT.- KATIHAR ----------- 2 01.04.2011 Petitioner has challenged an order dated 02.11.2009 passed by the District Programme Officer, by which, on the complaint of a private party, he has held that the petitioner was not eligible for appointment and has therefore cancelled the same. Learned counsel for the petitioner rightly submits that the District Programme Officer has no authority in law to examine the correctness of the selection process and selection of a candidate thereby and hold the same not in accordance with law. The writ application was filed on 03.05.2010 with service of two copies of the same in the office of learned Advocate 2 General. However, till today no counter affidavit has been filed. In the circumstances, the said order of the District Programme Officer, as contained in Annexure-4, is quashed. The Collector, Katihar is directed to issue notice to the parties, hold an enquiry and pass appropriate orders in accordance with law positively within three months from the date of receipt/production of a copy of this order. Till three months the post shall not be filled up, but the petitioner shall also not be allowed to join. However, in case, the final orders are not passed within three months, petitioner shall stand restored to her engagement as Anganwari Sevika. Arvind/ ( J. N. Singh, J.)