IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15117 of 2007 ISHMAT Versus THE STATE OF BIHAR & ORS ----------- CWJC No.15362 of 2007 ARCHANA KUMARI Versus THE STATE OF BIHAR & ORS ----------- For Petitioners : M/s Md Abu Haider & Jahan Ara, Advocates For BPSC : Mr Sanjay Pandey, Advocate ----- 4. 29.07.2008 Heard the learned Counsel for the petitioners, learned Counsel for the State and the learned Counsel for the Bihar Public Service Commission. The petitioners were applicants for the post of Child Development Project Officer. They competed in the preliminary test, in the written test as also at the interview. They are aggrieved by the refusal of the Commission to recommend their names when it is their case that persons with lesser marks than them have been recommended. The reasons for non consideration of their case was their inability to produce their creamy layer caste certificate from the District Magistrate which it is submitted was delayed for reasons beyond their control and attributable to the official authorities themselves. It is their further case that it has subsequently been produced by them within the extended time alleged to have been granted. The issue of the relevance of the earlier caste certificate from the SDO as submitted by the petitioners are therefore questions which are no more relevant for consideration in view of the submissions made by the Counsel for the Commission when he placed before this Court letter no. 260 dated 25.7.2008 from the Deputy Secretary cum Controller of Examinations, Bihar Public Service Commission addressed to the Secretary, Social Welfare Department, Government of Bihar, Patna, that on reconsideration of the matter and certain orders of this Court, the name of the two petitioners has also been since recommended for appointment at serial 2 and 7. In that view of the matter nothing further survives for adjudication. Let a zerox copy of the communication dated 25.7.2008 produced by the Counsel for the Commission be kept on the record. The respondent State is now directed to act upon the recommendation in accordance with law in so far as the present petitioners are concerned expeditiously preferably within a period of two months from the date of receipt and/or production of a copy of this order. Let the office prepare a zerox copy of the recommendation dated 25.7.2008 and hand over the same to the Counsel for the petitioners. The writ applications stands disposed. Snkumar/- (Navin Sinha,J.)