IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16597 of 2009 1. REKHA KUMARI W/O SUBODH KUMAR, R/O VILL- MURGIYACHAK, P.S- ISLAMPUR, DISTT- NALANDA Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY DEPARTMENT OF SOCIAL WELFARE, BIHAR, PATNA 2. THE COLLECTOR, NALANDA, BIHARSHRIF 3. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA 4. THE DISTRICT WELFARE OFFICER, ISLAMPUR, NALANDA 5. THE BLOCK DEVELOPMENT OFFICER, ISLAMPUR, DISTT- NALANDA 6. THE CHILD DEVELOPMENT PROJECT OFFICER, ISLAMPUR, NALANDA 7. THE PRESENT WARD COMMISSIONER, 9, MURGIYACHAK, ISLAMPUR, NALANDA 8. USHA KUMARI, W/O PRAKASH KUMAR R/O VILL-MURGIYACHAK, P.S- ISLAMPUR, DISTT- NALANDA ----------- 2. 18.1.2010 Heard learned counsel for the petitioner and the State. On the own showing of the petitioner, she was at Serial No. 3 of the merit panel for the post of Anganwari Sewika. She is aggrieved by the appointment of the person at Serial No. 2 of the merit panel after the person at Serial No. 1 of the merit panel resigned after appointment which was accepted on 2.6.2008. Learned counsel for the State has raised two objections. (a) that the petitioner has an adequate remedy before the Commissioner of the Division against the order of the District Magistrate dated 7.10.2009 rejecting the claim of the petitioner in preference to that of the person at Serial No. 2 of the merit panel and (b) once the person at Serial No. 1 of the merit panel was appointed, joined and then subsequently 2 resigned, the vacancy exhausts itself and fresh appointments had to be made in accordance with law as after the appointment of the person at Serial No. 1 of the merit panel, no further vacancy or panel exist to make further appointment. Learned counsel for the petitioner counters to submit that if both events of resignation and fresh appointment occur within a period of one year, there may not be a need for fresh selection consequent to resignation. These are matters which can be considered appropriately by the Commissioner. If the petitioner files such application before the Commissioner within a period of 30 days from today, let the same be decided in accordance with law by a reasoned and speaking order after hearing all concerned including respondent no. 8, within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)