Mohit Kumar Shah, J. – The present writ petition has been filed for directing the respondents to appoint the petitioners on Class-IV post in the district of East Champaran. 2. The brief facts of the case, according to the petitioners are that the petitioners were appointed as DDT Sprayer, as seasonal employee on daily wages under the district Malaria Office, East Champaran, whereafter, work was being taken from them and wages were being paid to them. It is submitted that the petitioners had requested the Civil Surgeon-cum-Chief Medical Officer as well as the learned District Magistrate to consider the case of the petitioners for preparing a panel and appointing them in the regular service of the State Government, however, to no avail. It is also submitted that the respondents have adopted pick and choose policy inasmuch as while some daily wage DDT Sprayer have been appointed on regular basis, whereas the petitioners have not been accommodated. 3. The learned counsel for the petitioner has submitted that some similarly situated daily wage workers of Gaya district had filed a writ petition before this Court, bearing C.W.J.C. No.17637 of 2010, whereafter contempt petition was filed by them, bearing M.J.C. No. 3426 of 2016. A co-ordinate Bench of this Court had observed therein vide order dated 14.12.2016, that DDT Sprayers have already been appointed in eight districts, however, no steps have been taken for appointment in the District-Gaya, hence the District Magistrate, was directed to file affidavit, clarifying the position. 4. Per contra, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed in the present case that similar issue has been decided by a co-ordinate Bench of this Court vide judgment dated 18.12.2019, passed in C.W.J.C. No.18612 of 2019 (Kapil Kumar & Ors. vs. State of Bihar and Ors.) and other analogus cases, paragraphs no.28 and 29, whereof are being reproduced herein below: – "28. Noticing the constitutional provisions and the law as declared by the Supreme Court referred to above, in my opinion, the advertisement to the extent it allows preference under sub-clause (1)(2) (3) (4) (5) and (6) of Clause 7 are held to be illegal, violative of Articles 14 and 16 of the Constitution of India and are struck down accordingly. Noticing the constitutional provisions and the law as declared by the Supreme Court referred to above, in my opinion, the advertisement to the extent it allows preference under sub-clause (1)(2) (3) (4) (5) and (6) of Clause 7 are held to be illegal, violative of Articles 14 and 16 of the Constitution of India and are struck down accordingly. Though, It may be open for the respondents to allow some reasonable weightage on rationale basis for those having work experience after having been selected through a transparent process of selection, the work experience as daily wager simpliciter, cannot itself he the sole/ main criteria for selection and appointment. The respondents are obliged to follow a fair process of selection in accordance with the statutory rules and constitutional. mandate. It is noteworthy that though the rules have been framed for selection and appointment against Class-IV (Group-D) posts, no clear and definite process of selection has been laid down, therein. If no transparent, fair and impartial procedure is adopted for judging the inter se merit of the candidates, who have applied in response to the advertisement made, the eligible candidates cannot get a fair chance to compete, which would be violative of the guarantee enshrined under Article 16 of the Constitution, as held in case of UPSC vs. Girish Jayanti Lal Vagliela (supra). 29. These writ applications are accordingly disposed of. with specific direction to the respondents, particularly, the Additional Chief Secretary/ Principal Secretary, General Administration Department, Government of Bihar, Commissioner, Madadh Division, Gaya and the District Magistrate, Gaya to ensure that the process of selection through the advertisement in question is completed by adopting a fair procedure. In my opinion, holding of written examination of the candidates who have applied against the said advertisement would be a fair procedure for preparation of merit-list, in the absence of any provision in the Rules. This, in my opinion, would ensure transparency in the process of selection. Since the advertisement was issued more than six years ago, the respondents are directed to conclude the process of selection and appointment against such posts, which were available on the date of issuance of advertisement, within a period of three months from today. This, in my opinion, would ensure transparency in the process of selection. Since the advertisement was issued more than six years ago, the respondents are directed to conclude the process of selection and appointment against such posts, which were available on the date of issuance of advertisement, within a period of three months from today. The respondents are further directed to ensure that a fair process of selection, strictly in accordance with statutory rules and in conformity with the mandate of Articles 14 and 16 of the Constitution is undertaken on regular basis, after advertising number of post, so that the persons acquiring eligibility after the initiation of one selection process have a chance to seek and participate in subsequent selection processes. This practice of fairness in the process of selection for filling up public posts generates faith in the hearts and minds of the citizen in the governance, laws and the Constitution.” 5. It is further submitted by the learned counsel for the respondents that considering the law laid down by the aforesaid judgment rendered in the case of Kapil Kumar & Ors. (supra), whereby and whereunder the process of selection undertaken earlier by preparing a panel vide memo dated 25.06.2009 by granting weightage of experience to daily wage workers has been found to be illegal and violative of Article 16 of the Constitution of India as also considering the fact that it had been clearly held by this Court that the work experience as daily wager simplicitor cannot itself be the sole/main criteria for selection and appointment and on the contrary holding of written examination would be a fair procedure for preparation of merit list in absence of any provision in the Rules, the Government of Bihar, through the General Administration Department, has issued a notification dated 23.06.2020, whereby and whereunder now the appointment of Group-D ( p ) posts are required to be made through the process of examination to be conducted by the Staff Selection Commission, Bihar. The relevant portion of the said notification dated 23.06.2020 is being reproduced hereinbelow: – ^^mi;qZDr of.kZr ifjfLFkfr;ksa esa ljdkj }kjk fu.kZ; fy;k x;k gS fd& (i) lkekU; iz'kklu foHkkx] fcgkj] iVuk }kjk fuxZr mDr foHkkxh; ifji=k la[;k@Kkikad& 7365 fnukad 29-06-2011 dks jn~n fd;k tkrk gSA (ii) lkekU; iz'kklu foHkkx] fcgkj] iVuk ds ifji=k la[;k@Kkikad& 7365 fnukad& 29-06-2011 ds funsZ'kksa ds vuq:i dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ dh fjfDr;ksa ds fo:) fu;qfDr gsrq fofHkUu foHkkxksa@ftyksa }kjk izdkf'kr foKkiuksa esa fufgr vH;kfFkZ;ksa dh dk;kZuqHko vkèkkfjr izkFkfedrk fuèkkZj.k ls lacafèkr ekunaM fu;qfDr izfØ;k esa ykxw ugha ekus tk,¡xsA (iii) lacafèkr lHkh foHkkxksa@ftyksa }kjk izdkf'kr foKkiuksa ds vkyksd esa lefiZr gq, vkosnu rFkk lanfHkZr foKkiuksa dh izfrfyfi vkSj vkj{k.k dksfVokj fjfDr;ksa dh x.kuk lfgr lacafèkr vH;kfFkZ;ksa dh izekf.kd lwfp;ksa (Hard Copy with Soft Copy) dh ek¡x lkekU; iz'kklu foHkkx] fcgkj] iVuk }kjk dh tk,xh vkSj mUgsa lesfdr :i ls fcgkj deZpkjh p;u vk;ksx] iVuk dks Hkstk tk,xkA fcgkj deZpkjh p;u vk;ksx] iVuk ds Lrj ls izdkf'kr foKkiu ds vkyksd esa vkWuykbu lefiZr vkosnuksa dk lR;kiu vk;ksx }kjk vkyksP; dkxtkr ls feyku dj fd;k tk,xkA (iv) mDr foHkkxh; i=k ds vuq:i fofHkUu foHkkxksa@ftyksa }kjk iwoZ esa izdkf'kr foKkiu ds vkyksd esa lefiZr vkosnuksa ls lacafèkr lHkh vH;fFkZ;ksa ds chp One time measure ds :i esa ,d izfr;ksfxrk ijh{kk vk;ksftr dh tk;sxh] ftlds fy;s foKkiu dk izdk'ku rFkk ijh{kk dk vk;kstu fcgkj deZpkjh p;u vk;ksx] iVuk }kjk fd;k tk;sxkA foKkiu ds vkyksd esa lacafèkr vH;fFkZ;ksa }kjk vkWuykbZu vkosnu fn;k tk,xkA (v) ekuuh; iVuk mPp U;k;ky;] iVuk }kjk lkekU; iz'kklu foHkkx] fcgkj] iVuk ds ifji=k la[;k@Kkikad&7365 fnukad 29-06-2011 esa fufgr lewg ^?k* ds dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ inksa ij fu;qfDr gsrq vH;fFkZ;ksa dh dk;kZuqHko vkèkkfjr izkFkfedrk lacaèkh ekunaM dks fujLr dj fn;s tkus ds dkj.k mDr ekun.Mksa ds vuq:i fofHkUu ftyksa esa izdkf'kr foKkiuksa ds ekè;e ls gqbZ fu;qfDr;ksa ls lacafèkr O;fDr Hkh fcgkj deZpkjh p;u vk;ksx] iVuk }kjk vk;ksftr gksus okyh vkyksP; ijh{kk esa vfuok;Zr½ 'kkfey gksxsaA (vi) ijh{kk esa iwNs tkus okys iz'u oLrqfu"B izd`fr ds gksaxs] tks nloha@led{k Lrj ds lkekU; Kku] lkekU; vad xf.kr vkSj lkekU; fgUnh Kku ls lacafèkr gksaxsA iz'u i=k dk iw.kkZad 100 gksxkA (vii) ijh{kk 'kqYd dk fuèkkZj.k fcgkj deZpkjh p;u vk;ksx] iVuk }kjk fd;k tk,xkA (viii) dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ dh fu;qfDr dh mi;qZDr izfØ;k ls vkPNkfnr iwoZ ls foKkfir fjfDr;ksa ds fo:) foHkkx@ftyk Lrj ij fu;qfDr dh dkjZokbZ foHkkx@ftyk inkfèkdkjh }kjk ugha dh tk,xhA bl gsrq LoPN foKkiu dk izdk'ku fcgkj deZpkjh p;u vk;ksx] iVuk }kjk izdkf'kr fd;k tk,xkA** 6. In view of the aforesaid, it is submitted by the learned counsel for the respondents that the petitioners would now be required to undergo the examination process to be conducted by the Staff Selection Commission, Bihar, hence the prayer made in the present writ petition cannot be acceded to, thus the present writ petition is fit to be dismissed. 7. I have heard the learned counsel for the parties and perused the materials available on record. It is not in dispute that a co-ordinate Bench of this Court, by a judgment dated 18.12.2019, passed in C.W.J.C. No.18612 of 2019 (Kapil Kumar & Ors. vs. State of Bihar and Ors.) and other analogous cases has held that the work experience as daily wager simplicitor, cannot by itself be the sole/main criteria for selection and appointment to the Group-D post, hence the process of selection should be concluded by adopting a fair procedure i.e. holding of written examination of the candidates who have applied against the advertisement in question, whereafter, the respondents, in compliance of the said judgment dated 18.12.2019, have issued a notification dated 23.06.2020, wherein it has been postulated that appointment to Group-D posts shall be made through the process of examination to be conducted by the Staff Selection Commission, Bihar, after issuance of the requisite advertisement for making such appointments and the said procedure shall also be applicable to those cases where the advertisements have already been issued. In such view of the matter, this Court finds that the petitioners cannot now be directly appointed on the Class-IV posts/Group-D posts, without resorting to the process of examination, as aforesaid, i.e. as stipulated in the aforesaid notification dated 23.06.2020. 8. Having regard to the facts and circumstances of the case and for the reasons mentioned hereinabove, I do not find any merit in the present writ petition, hence the same stands dismissed.