JUDGEMENT
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(1.) It is submitted on behalf of petitioner that in the Aam Sabha
held on 27.8.2009, petitioner was selected, being O.B.C.
candidate as Anganbari Sewika and provisional selection letter
was issued, but thereafter she has not been appointed to the said
post for which she has filed representation before the Deputy
Commissioner, Daltonganj. It is further submitted that no Aam
Sabha has been held thereafter and moreover the respondents
be restrained from making fresh selection, which process has
been completed.
(2.) Counsel for the State on the other hand submitted that in
absence of counter affidavit, he is not in a position to accept or
controvert the statement made by the petitioner in the writ petition
and by learned counsel appearing for the petitioner.
However, he rightly submitted that mere selection does not
give right of appointment and if the authorities think it proper,
fresh selection process can be started and petitioner cannot say
that no fresh process should be started.
(3.) In the circumstances, petitioner is given liberty to make a
fresh representation before the Deputy Development
Commissioner, Palamau (Respondent No. 2). If he is satisfied
that the petitioner has been selected validly and no fresh Aam
Sabha has been held or is required to be held, he will pass
necessary orders on the representation of the petitioner. If he
finds that the claim of the petitioner is untenable, he will
communicate the reasons thereof. This exercise should
completed as early as possible and preferably within three weeks
from the date of receipt of such representation.;
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