IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.234 of 2003 Virendra Kumar Sinha, son of Shri Lakshmi Prasad Sinha, resident of Village- Raghunathpur, P.O.-Deoghaon, District-Nawada. …………………….. Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. Secretary Personnel and Administrative Reforms Department, Bihar, Patna. 3. Bihar Public Service Commission through its Secretary, Boring Road, Patna. 4. Shri Lakshmi Rai, son of Not known, Chairman, Bihar Public Service Commission, Boring Road, Patna. ……………………… Respondents ----------- 9 10/7/2009 No one appears for the petitioner. Counsel for the Bihar Public Service Commission (B.P.S.C.) is present and submits that this writ application by efflux of time has become infructuous. Counsel for the B.P.S.C. is quite correct. From the tenor of the following prayer made in this writ application, namely:- “ That this is an application for issuance of an appropriate writ order or direction for quashing the 43rd combined Competitive (Mains) Examination result published by the Bihar Public Service Commission and further commanding respondents No. 3 & 4 not to publish results of 44th and 45th combined Competitive (Mains) Examination till the bifurcation of cadre or cadre division of the Bihar and Jharkhand State Services does not finalise and the Government after proper, through and sincere shorting out of vacancies existing and created thereafter does not send fresh list of vacancies to be filled up by the successful penal lists of 43rd, 44th and 45th combined competitive examination respectively and for a further direction to the respondents to get a 2 proper and though shorting out of vacancies made calling for the same from its various departments services also based upon the vacancies arising after cadre bifurcation and only thereafter sending list of the same to the B.P.S.C. so that they can be filed up by the successful list of candidates of 43rd, 44th and 45th combined competitive Examination in a proportion based on certain rationable permissible in law and which is not arbitrary and for a further direction restraining respondent No.4 who is to retire on 25 January 2002 from publishing results of 44th and 45th combined Competitive (Mains) Examination as the hastewith which he is moving now i.e,. publishing the above results smacks of malafide and further conducting of 44th and 45th combined completion the entire process of 43rd combined Competitive Examination and that too in anticipation contrary to the practice/tradition ( as previously fresh examination/selection process including advertisement was made only after the previous process was complete also smacks of malafide and or any other direction or directions which this Hon’ble Court may deem fit and proper under the circumstances of the case including intrim stay on the publication of final result of 43rd Examination and interview process initiated if any for 44th and 45th combined Competitive Examination”, it would be clear that this writ application by efflux of time has become infructuous, inasmuch as, not only results of 43rd, 44th and 45th combined competitive examination have been published but the State of Bihar has also proceeded to fill-up the 3 posts on the basis of the select list prepared and sent by the B.P.S.C.. That being so, this application is dismissed as having become infructuous. Abhay Kumar (Mihir Kumar Jha, J.)