IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11982 of 2009 MUNNI KUMARI, WIFE OF SRI DHANIKLAL MEHTA, RESIDENT OF VILLAGE MOHANPUR, NISP TOLA PATNI, P.O. RAHATA CHOMUK, P.S. BIHARIGANJ, DISTRICT MADHEPURA-----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRTE, MADHEPURA, DISTRICT MADHEPURA. 4. DISTRICT WELFARE OFFICER, MADHEPURA, DISTRICT MADHEPURA. 5. DISTRICT PROGRAMME OFFICER, MADHEPURA, DISTRICT MADHEPURA. 6. THE BLOCK DEVELOPMENT OFFICER-CUM-CHILD DEVELOPMENT PROJECT OFFICER, BIHARIGANJ, DISTRICT MADHEPURA. 7. THE MUKHIYA OF GRAM PANCHAYAT MOHANPUR, BLOCK BIHARIGANJ, DISTRICT MADHEPURA. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT MOHANPUR, BLOCK BIHARIGANJ, DISTRICT MADHEPURA. 9. USHA DEVI, WIFE OF RAMESH KUMAR MEHTA, VILLAGE MOHANPUR, NISP TOLA PATNI, P.O. RAHATA CHOMUK, P.S. BIHARIGANG, DISTRICT MADHEPURA----RESPONDENTS. For the Petitioner : M/S Sharda Nand Mishra, Dhananjay Kr. Gupta, Deep Kumar, Advocates. For the State : Mr. Sajal Kumar Sinha, AC to GP-17. ----------- 02. 11.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was applicant for the post of Anganwari Sewika of Ram Tola Patni Centre in the District of Madhepura but ignoring her better claim private respondent no.9 was appointed on the basis of the forged and fabricated certificate. Petitioner challenged the appointment of private respondent no.9 before the District Magistrate, Madhepura under representation dated 13.7.2007, Annexure-5, in response whereto District Magistrate sought a report from the Block Development Officer, Bihariganj, who submitted report bearing letter No. 11 dated 3.5.2008, Annexure-7, whereunder he confirmed that the educational certificate furnished by private respondent no.9 is forged. 3. It is submitted on behalf of the petitioner that without considering the report dated 3.5.2008, Annexure-7, the District Programme Officer, Madhepura under order bearing Memo No. 538 - 2 - dated 18.7.2009, Annexure-8 has affirmed the appointment of private respondent no.9. Petitioner is aggrieved by order dated 18.7.2009, Annexure-8 and has filed appeal/representation against the same before the District Magistrate, Madhepura, which is dated 23.7.2009, Annexure-9. 4. Let the District Magistrate, Madhepura consider the appeal/representation of the petitioner dated 23.7.2009, Annexure-9 in accordance with law as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)