IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15827 of 2006 PAPPU KUMAR, SON OF SRI BIHARI LAL, RESIDENT OF MOHALLA DURGA MANDIR ROAD, JAGDISHPUR, P.O. & P.S. JAGDISHPUR, DISTRICT BHOJPUR……………….PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HEALTH DEPARTMENT, PATNA 2. THE BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, PATNA P.O. & P.S. BIHAR VETERINARY COLLEGE, PATNA-14. 3. THE SECRETARY, BIHAR STAFF SELECTION COMMISSION, PATNA, P.O. & P.S. BIHAR VETERINARY COLLEGE, PATNA-14………………………………… RESPONDENTS ----------- 5. 19.08.2009 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the Bihar Staff Selection Commission. This writ application was filed for quashing of Annexure-7 dated 8.4.2006 by which the application of the petitioner for the post of Health Worker has been rejected on the ground that he had not submitted training certificate. Learned counsel for the petitioner submits that through advertisement as contained in Annexure-3, applications were invited for vacancies under four posts i.e. Health Worker, Dresser Health Services, Family Welfare Worker and Computer. It is the case of the petitioner that he had applied for - 2 - the post of Family Health Worker which did not require any certificate of training and therefore, the order of rejection of his application was arbitrary on the basis of non-application of mind by the respondents. The respondent-State earlier filed a counter affidavit in this case. Respondent-Bihar Staff Selection Commission (hereinafter referred to as “the Commission”) also filed a counter in the case sworn by the Law Officer on 23.11.2007. In the counter affidavit the stand of the Commission was that the petitioner had applied for the post of Computer and, therefore, his application was found not in order and it was rejected. Rejoinder to the counter affidavit was filed by the petitioner stating therein that the petitioner had submitted two separate applications – one for Computer and the other for Family Welfare Worker. Therefore, even if the application for Computer was not found in order, his application for Family Welfare Worker was there and the same had to be considered by the Commission. Today learned counsel for the Commission has produced a letter of the Secretary of the Commission dated 10.12.2007 addressed to learned - 3 - Counsel for the Commission in this Court informing him that the application of the petitioner was wrongly rejected earlier. He has been intimated that the application of the petitioner will be considered on its merit and necessary action shall be taken on the same. Let the said letter produced by learned counsel for the Commission be kept on record. In view of the said letter, it is apparent that the respondent-Commission has accepted that Annexure-7 rejecting the application of the petitioner was wrongly issued to the petitioner. Therefore, in view of the stand of the Commission as appearing from the letter 10.12.2007, the said Annexure-7 stands withdrawn and the application of the petitioner remains pending for consideration for further action in the matter. Learned counsel for the Commission submits that till now process of issuance of admit cards to the eligible candidates has not commenced and as and when admit cards are issued by the Commission to the eligible candidates, the application of the petitioner shall be considered on its merit for issuance of admit card to him for appearance in the examination. - 4 - In the circumstances, considering the stands of the Commission as appearing in the said letter dated 10th December, 2007 addressed to its Counsel and in view of the statements of the learned counsel for the Commission made today in Court, the application has become infructuous and as such, the same is dismissed. B.T (J.N. Singh, J.)