IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12109 of 2010 1. Umesh Jha S/O Shri Shivji Jha R/O Vill Mungeriganj, P.S.Town Thana, Distt-Begusarai 2. Chandrashekhar Singh S/O Late Deo Narayan Singh R/O Vill Ratanpur, P.S.Ratanpur, Distt- Begusarai 3. Ram Nandan Paswan S/O Shri Tapsi Paswan R/O Vill Nadah, P.S.Signhaul, Distt-Begusarai Versus 1. The State Of Bihar Through The District Magistrate Begusarai 2. District Establishment Deputy Collector Begusarai 3. The Divisional Commissioner Munger 4. Deputy Development Commissioner Begusarai 5. The Secretary Personal Administrative Reforms Department Bihar,Patna 6. District Welfare Officer Begusarai 7. Executive Engineer Building Division Begusarai 8. Executive Engineer Road Division Begusarai 9. Additional Collector Begusarai with Civil Writ Jurisdiction Case No.612 of 2011 Suresh Mahto & Anr Versus The State Of Bihar & Ors with Civil Writ Jurisdiction Case No.1921 of 2011 Shri Ram Singh & Ors Versus The State Of Bihar & Ors ---------------------------------- 3. 01.12.2011 Heard learned counsel for the petitioners and the State. Earlier the petitioners had come to this Court in C.W.J.C. No. 13509 of 2009 for the same relief. Unable to persuade the Court, the writ application was dismissed as withdrawn. It is submitted that on a subsequent representation the respondents have passed fresh 2 orders thereafter for preparation of a panel for appointment of daily wagers specifying inter alia that those who had applied in response to advertisement No. 948 dated 23.10.2006, need not apply again. Acknowledging that the application submitted by the petitioners at that point of time was defective it is submitted that they may be permitted to apply afresh. Counsel for the State rightly submits that a defective application amounts to no application at all and therefore the petitioners for all purposes shall be treated as a fresh applicant. The Court upholds the objection. The Court further finds from the proceedings of the respondents dated 22.10.2009 and 8.12.2010 that they appear to be in process of preparation of a panel in pursuance of long past events. Appointment in Government service constitutes a national wealth. No appointment on any government post can be made without a contemporaneous open advertisement and competitive merit selection with an opportunity for participation to all eligible. The fact that as a matter of policy under the advertisement weightage may be given for past work experience or of age for daily 3 wagers as a matter of policy, is a policy matter. The respondents must keep in mind that whatever may have done in the past for initiating a process of selection which did not attain finality, much developments have taken place since then and a whole new eligible work force has also emerged who are constitutionally required to be given an opportunity to participate also. Let such fresh advertisement be published by the respondents and then only proceed in the manner directed. Any appointment made contrary to this procedure shall stand vitiated from its inception. If the respondents have published a fresh advertisement on 29.12.2010, naturally all considerations have to be afresh in accordance with law. The writ applications stand disposed. P. Kumar ( Navin Sinha, J.)