IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1235 of 2009 MUNNI KUMARI @ MUNNI DEVI, wife of Upendra Prasad, resident of village Bhalua, P.O Bhalua PS Belaganj, District Gaya…………… appellant Versus 1. THE STATE OF BIHAR 2. District Magistrate, Gaya 3. Deputy Director of Welfare Department, Madagh Pramandal, Gaya 4. Child Development Project Officer, Belaganj, Gaya ……………respondents ----------- 2 09-11-2009 Heard learned counsel for the appellant and learned counsel for the State. On behalf of the appellant it has been submitted that cases of identically situated candidates in the select list of Sevika/Sahaika of Aanganbari of Bhalua II in the district of Gaya were considered by a Bench of this court and the matter was disposed of by order dated 18-12-2007 contained in annexure-8 to this L.P.A. by directing the writ petitioners of that case to file representations before the Director, Social Welfare (I.C.D.S.), Bihar who was in turn directed to dispose of the representations in accordance with law at the earliest and in any case within three months from the date of receipt/production of a copy of that order. According to learned counsel for the appellant, in that case the Director considered all the relevant facts and passed an order dated 2-4-2008 contained in annexure-9 to this L.P.A whereby on the basis of earlier received applications, a fresh consideration by the Aam Sabha as per established norms was ordered and the proceeding was to be completed within one month. That order clarifies that Aam Sabha will consider only those applications which had been received on the earlier occasion and fresh 2 applications will not be invited. The grievance of the appellant against the order under appeal dated 19-8-2009 is only to the extent that now the writ court has directed for considering the claim of the appellant afresh but it has directed that claims of the other eligible candidates be also invited and considered. After hearing the parties and considering the earlier order of this court contained in annexure-8, we are of the view that there is no need to cancel the selection process in totality so as to invite fresh applications also. The illegality, if any, arose during the meeting of Aam Sabha and for correcting such illegality the matter has been rightly remitted to the Aam Sabha by the learned Director, Social Welfare (I.C.D.S.), Bihar through his order contained in annexure-9. At this stage only the claims of those who had earlier applied can be validly considered and that shall not offend Articles 14 and 16 of Constitution of India. We are in agreement with the submissions that the writ court should have followed the views of another Bench of this court contained in annexure-8 which related to an identical matter. This appeal is, therefore, allowed to the extent indicated above. The order under appeal is modified and the matter is disposed of in terms of annexure-8 giving liberty to the appellant to file a representation before the Director, Social Welfare (I.C.D.S.), Bihar. Since the matter has already been delayed, the Director will consider the representation in the light 3 of his earlier order contained in annexure-9 and pass appropriate order in accordance with law as early as possible and in any case within two months of the filing of the representation. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)