IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2070 of 2009 1.The Bihar Public Service Commission through its Secretary, 15 Jawahar Lal Nehru Marg, Patna-800001. 2. The Chairman, Bihar Public Service Commission through its Secretary, 15, Jawahar Lal Nehru Marg, Patna 800001. 3. The Deputy Secretary, Bihar Public Service Commission, 15 , Jawahar Lal Nehru Marg, Patna-800001 ------ Respondent --- Appellants ----- Petitioenrs. Versus 1. Mukesh Kumar Singh son of Sri Sher Bahadur Singh, Resident of Village-Alipore, Police Station-Arrah (Mufasil), District-Bhojpur (Bihar). 2. The State of Bihar through the Chief Secretary, Bihar, Patna.---- Petitioner- Respondent-Opposite Party Ist Set. 3. The Principal Secretary, Personnel & Administrative Reforms Department, Government of Bihar, Patna ------- Respondents --- Respondents-Opposite Party IInd set. ------------- 2. 5.10.2009 Heard learned Advocate General for the petitioners. The Bihar Public Service Commission has filed this application for modification of the order dated 19.5.2009, passed in L.P.A. No.178 of 2009 (The Bihar Public Service Commission & Ors. V. Mukesh Kumar Singh & Ors.), whereby the Commission was directed to hold fresh preliminary selection test for 94 candidates. It is stated in the present application that one person, namely, Manoj Kumar, who is amongst the 94 candidates, could not be located in spite of best efforts of the Commission. It is, therefore, submitted that the Commission may be permitted to hold the preliminary test for 93 candidates only. We have perused the materials on record and considered the submissions of learned counsel for the parties. We would not at this stage like to go into the issue raised in the present application for two reasons. This application has in one way become infructuous because the preliminary test for 93 candidates has already been held and results 2 have been declared. Secondly, this Court would not like to deal with the contention in the absence of Manoj Kumar. This application is disposed of. The Commission would be free to proceed further with the selection process. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)