SAKILA KUMARI Vs. THE STATE OF BIHAR REPRESENTED

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) This intra court appeal appeal is directed against the judgment dated 07.02.2018 passed by learned Single Judge of this Court by which the writ petition filed by the appellant has been dismissed.

(3.) In fact, this is the second round of litigation. In the earlier round, the respondent no.10 was the writ petitioner in CWJC No.16074 of 2004 which was filed for quashing the appointment of respondent no.6 therein (the present appellant/writ petitioner). The challenge was made to her appointment on the ground that the same was not in accordance with the Government's Guidelines contained in Circular Letter No.1129 dated 13.06.1998 issued by the Secretary, Welfare Department, Government of Bihar which was required to be followed in the matter of selection of Aanganwari Sevika in particular the condition no.5 of the said Circular wherein it was laid down that if the qualification of two candidates were identical then the widow/abandoned women of the same category was to be given preference in appointment. The learned Single Judge allowed the writ petition, quashed the appointment and remanded the matter to the authorities to reconsider the case of the writ petitioner. The relevant passage from the aforesaid decision is extracted as under:-