IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5047 of 2007 MUNNI KUMARI @ MUNNI DEVI, wife of Upendra Prasad, resident of village-Bhalua, P.O. Bhalua, P.S. Belaganj, District-Gaya. Versus 1.THE STATE OF BIHAR 2.District Magistrate, Gaya 3.Deputy Director of Welfare Department, Magadh Pramandal, Gaya. 4.Child Development Project Officer, Belaganj, District-Gaya. ----------- 3 19/8/2009 Heard counsel for the petitioner and counsel for the State. Prayer in this writ application made by the petitioner reads as follows:- “That the application is being filed for issuance of a writ in the nature of certiorari to quash the order contained in letter No. 564/06 dated 12.10.06 passed by the Deputy Director of Welfare Department in which the officer cancelled the selected list of Sevika/Sahaika of Aganbari of Bhalua II without assigning any reasonable ground.” Counsel for the petitioner, in course of submission, would submit that the petitioner is no longer aggrieved by order dated 12.10.2006 and in fact could be satisfied if this Court would dispose of the matter in the light of the direction issued by the Director, I.C.D.S. Directorate in the Social Welfare Department in his letter dated 7.4.2008. This Court, however, would find the order dated 7.4.2008 as contained in Annexure 10 excluding new candidates from the zone of consideration would actually amount to violation of Articles 14 and 16 of the Constitution, inasmuch as, when 2 whole selection was found to be bad and the Director had taken a decision to go for a fresh selection of each and every eligible candidate must be taken into consideration for engagement as Anganbari Sevika whose candidature itself is confined to a restricted class of people. Considering, however, that the said order dated 7.4.2008 was passed by the Director in keeping with the order of this Court dated 18.12.2007 in C.W.J.C. No. 1715 of 2007 and other analogous cases, and would therefore require no deviation for the persons for whom such order dated 7.4.2008 has been issued, the petitioner’s case will be considered afresh with all other eligible candidates by holding a meeting of the Gram Sabha whereafter the best suited person will be selected and appointed as Anganbari Sevika within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)