IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4847 of 2010
1. RENU SINHA W/O SRI NAGENDRA PD. NIRALA R/O VILL.- HARI
NARAYANPUR, P.O.- ASARHI, P.S.- NARDIGANJ, DISTT.- NAWADA
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY DEPTT. OF WELFARE, GOVT.
OF BIHAR, PATNA
2. DIRECTOR, WELFARE GOVT. OF BIHAR, PATNA
3. THE COLLECTOR NAWADA
4. THE DISTRICT PROGRAMME OFFICER NAWADA
5. THE C.D.P.O. NARDIGANJ AT AND P.O.- NARDIGANJ, P.S.-
NARDIGANJ, DISTT.- NAWADA
6. MUKHIYA GRAM PANCHAYAT KAHUWARA, P.S.- NARDIGANJ, DISTT.-
NAWADA
7. THE PANCHAYAT SECRETARY GRAM PANCHAYAT KAHUARA NARDIGANJ,
DISTT.- NAWADA
8. KAUSHALYA KUMARI W/O RAM CHANDRA PD. CHAKRABORTY R/O VILL.-
HARI NARAYANPUR, P.O.- ASARHI, P.S.- NARDIGANJ, DISTT.- NAWADA
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2/ 08/11/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner was an applicant for the post of
Angan Bari Sevika at the Angan Bari Centre, Hari
Narayanpur, P.O. Asarhi, P.S. Nardiganj, district-
Nawadah along with respondent No.8. The latter came to
be selected which was questioned by the petitioner before
the District Programme Officer. The District Programme
Officer by his order dated 30.3.2009 held the
appointment of respondent No.8 to be bad and directed
the appointment of the petitioner who is stated to have
been at serial No.2 of the merit list. When nothing has
transpired with regard to her appointment the writ
application has been filed.
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Learned counsel for the State rightly points out
that issues of eligibility/ineligibility for appointment are
matters to be examined by the District Magistrate
himself. It is not known whether respondent No.8 has
questioned the order of the District Programme Officer or
whether it has attained finality. In what manner the
District Magistrate shall be required to proceed shall
necessarily encompass any challenge made by
respondent No.8 to the order of the District Programme
Officer before a competent court and what orders may
have been passed therein.
The application is disposed with the direction
that only if the petitioner files a representation within 30
days from today before the District Magistrate, let him
decide the issues in accordance with law after hearing all
concerned, including respondent No.8 by a reasoned and
speaking order within a maximum period of four months
from the date of receipt/production of a copy of this order
before him.
The writ application stands disposed.
KC ( Navin Sinha, J.)