IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19549 of 2011 Smt Babita Devi Versus The State Of Bihar & Ors ---------------------------------- 4. 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for Anganwari Sewika along with respondent no. 11 under an Advertisement of 2007. Respondent no. 11 came to be appointed but was subsequently terminated on 11.12.2007 on the ground of her ineligibility as her father-in-law was in Government service. The petitioner contends that thereafter she was directed to be sent for training on 12.2.2008 as the next candidate in the panel. The Appeal preferred by respondent no. 11 before the Commissioner also came to be rejected. The Commissioner directed fresh Aam Sabha to be held on 15.2.2008 but no Aam Sabha has been held till date depriving the petitioner an opportunity to be considered. The petitioner therefore seeks a direction for convening of the Aam Sabha to consider her candidature. Once respondent no. 11 came to be appointed, the vacancy exhausted. If she was 2 subsequently removed on ground of ineligibility for appointment, the exhausted vacancy did not revive. It gave rise to a fresh vacancy. To that extent the Commissioner was right when he directed fresh Aam Sabha to be called. The matter pertains to a selection made in the year 2007. The Court is not inclined to put the clock back. A fresh advertisement has been issued on 27.12.2010. The petitioner is stated to have applied thereunder. Naturally the Aam Sabha shall have to be convened for such selection when her earlier selection and empanellment are matters to be more appropriately considered by the Aam Sabha itself. The writ application stands disposed with the aforesaid observations. P. Kumar ( Navin Sinha, J.)