IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1197 of 2010 1. Neelam Kumari @ Neelam Devi W/O Sri Ashok Kumar Jha R/O Vill.- Bangaon South, Gram Panchayat Bangaon, South Ward No.1, P.S.- Bangaon, Distt.- Saharsa Versus 1. The State Of Bihar Through Its Commissioner Cum Secretary Social Welfare Department, Govt. Of Bihar, Patna 2. The Commissioner Kosi Division, Saharsa 3. The District Magistrate Saharsa 4. The Deputy Development Commissioner Saharsa 5. The Child Development Project Officer Kahra Saharsa 6. Smt. Manju Devi W/O Binod Kumar Jha Mukhiya Gram Panchayat Bangaon South, P.S.- Bangaor, Distt.- Saharsa 7. Kamna Devi @ Kamna Kumari W/O Nand Kumar Khan R/O Ward No.5, Bangaon, P.S.- Bangaon, Distt.- Saharsa 3/ 29/08/2011 Heard learned counsel for the petitioner and the State as also for respondent No.7. In the tussle for appointment as Angan Bari Sevika the respondent No.7 came to be appointed. It was questioned by the petitioner. The District Magistrate on 2.7.2007 set aside the appointment of respondent No.7 and directed appointment of the petitioner. Respondent No.7 carried the matter in appeal. The Commissioner on 30.10.2009 has directed for fresh selection. Having heard learned counsel for the parties the Court is satisfied that the order of the District Magistrate suffers from grave illegality when it decides the claim of the petitioner without hearing respondent No.7. Likewise, the appellate order suffers from an 2 illegality when it does not hear the petitioner before passing final orders. But, to set aside the appellate order shall result in revival of the illegal order of the District Magistrate. The Court after considering all aspects of the matter, in the peculiar facts of the case, where both the authorities have acted in violation of the principles of natural justice the Court is not inclined to interfere with the order of the Commissioner directing fresh consideration for appointment as that shall put both the petitioner and the respondent No.7 on an even playing field for purposes of fresh selection. The writ application stands disposed. KC ( Navin Sinha, J.)