IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11617 of 2009 BABITA KUMARI W/O CHANDRA SHEKHAR SAH, RESIDENT OF VILLAGE-AMBA, P.S. TEGHRA, DISTT- BEGUSARAI. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. DIRECTOR, WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, BEGUSDARAI. 4. CHILD ;DEVELOPMENT PROJECT OFFICER(C.D.P.O.) TEGHRA, BEGUSDARAI. 5. SUNITA DEVI W/O NARAYAN MAHTO RESIDENT OF VILLAGE- AMBA, P.S. TEGHRA, DISTT-BEGUSARAI. ... ... RESPONDENTS. ----------- 2. 7.9.2009. Petitioner is aggrieved by the appointment of the private respondent no.5 on the post of Aanganbari Sevika of Centre No.127, Village Amba in the district of Begusarai on the ground that her matriculation certificate being un-dated is not genuine certificate issued by the Bihar School Examination Board, which is contained in Annexure-5 to this application. It is further submitted that even other irregularities are there in the appointment of the private respondent on the aforesaid post. Highlighting the aforesaid illegalities, petitioner had moved before the District Programme Officer and raised the submission which is raised in this petition, - 2 - but the same has been rejected observing that the matriculation certificate produced by the counsel for Sunita Kumari indicated 28.7.1986 as a date of issue of the certificate which fact was verified by the authorities of the Bihar School Examination board. Counsel submit that the copy of the certificate which was produced by the counsel for Sunita Kumari before the District Programme Officer is contained in Annexure-5 and that does not contain any date of issue of the certificate and the finding recorded by the District Programme Officer that the matriculation certificate of Sunita kumari is dated 28.7.1986 is error of record. Let the petitioner assail the impugned order dated 8.12.2008 passed by the District Programme Officer by filing appeal before the District Magistrate, who should consider the same in accordance with law after seeking appropriate verification from the Bihar School Examination Board about the date of issue of the certificate As the certificate (Annexure-5) does not have a date, the District Magistrate should also ask - 3 - N.H./ the authorities of the Board about the date of issue of Annexure-5 and pass appropriate order on the appeal of the petitioner in accordance with law as early as possible in any case within three months from the date of receipt of the memo of appeal along with a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)