IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5669 of 2009 BIBI SHAMSUNNISHA Versus THE STATE OF BIHAR & ORS ----------- 2. 04.05.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 26.10.2007 cancelling her caste certificate and consequently her service on that premise. Statement has been made in paragraph 13 that the impugned order has been passed ex parte without notice to the petitioner. From the recitals in the impugned order, it appears that there is no consideration of any defence that the petitioner may have taken on the issue, which, prima facie, lends credence to the argument of the petitioner that the order is ex parte in nature. The impugned order dated 26.10.2007 is set aside for the limited purpose of a fresh decision after due opportunity to the petitioner, by a reasoned and speaking order. The Respondents shall be obliged to make available to the petitioner all the materials on which they rely for holding that her caste certificate was incorrect and with due opportunity to her to meet the same. It is made clear that the impugned order has been set aside only for the purpose of taking a fresh decision and shall not result in any immediate benefit and/or reinstatement to the petitioner but the matter shall be abide by the fresh decision to be taken after hearing her within a maximum period of two months 2 from the date of receipt and/or production of a copy of this order before Respondent no. 3. The writ application stands disposed. AKS/ (Navin Sinha, J.)