Judgment U.P.Singh, J. 1. The sole petitioner has prayed for a direction to the respondents to recommend the name of the petitioner for appointment to the post of Civil Assistant Surgeon. 2. The petitioner passed the M.B.B.S. Examination in the year 1982. As a member of most Backward Class preference was to be given in the matter of appointment in pursuance of an advertisement published in the year 1985 by the Bihar Public Service Commission for the post of Civil Assistant Surgeon. The petitioner and others applied for the said post and the petitioner, along with other required documents also annexed a caste certificate being a member of most backward class (Momin). After scrutinising the application and the papers submitted along with it the admit card was issued under the signature of the Under Secretary calling him to appear in the aforesaid examination which was to commence in October 1986. The petitioner along with others appeared in the written examination which commenced from 25th October, 1986, thereafter, he received a letter calling upon him to appear at the interview scheduled to be held on 7-10-1987. The petitioner appeared at the interview on the same date and was selected in the First Bihar State Health Service (Basic Grade} Competitive Examination. Being a member of the most backward class (Momin) he was to be given benefit of reservation in the matter of appointment in the service. Having received no information about the final result from the respondents for a long time, he filed a representation in January 1988, before the Bihar Public Service Commission. He was orally informed by the respondents that his selection has been cancelled because the caste certificate had not been issued under the signature of the District Magistrate. Annexure-7 is the letter dated 29th February, 1988, issued by the District Magistrate to the Chairman of the Bihar Public Service Commission stating that the petitioner had applied for issuance of a caste certificate but at that time he was very much busy in flood relief work and, therefore, he had authorised the District Development Officer to issue the certificate. The genuineness of certificate including caste certificate had been thoroughly examined by the officer of the Commission before the petitioner faced the Interview Board. Such candidates who had no requisite documents were not allowed to participate in the interview. The genuineness of certificate including caste certificate had been thoroughly examined by the officer of the Commission before the petitioner faced the Interview Board. Such candidates who had no requisite documents were not allowed to participate in the interview. It is pointed out that out of 2,500 vacancies for appointment to the post of Civil Assistant Surgeon, 12 per cent, i.e., 300 posts were reserved for the most backward class and, even today, there are several posts lying vacant on which the petitioner may be appointed. 3. In the counter-affidavit submitted on behalf of the Commission, it is stated that at the time of filing of the application for the post of Civil Assistant Surgeon the petitioner had submitted caste certificate granted by the Sub-divisional Officer and the income certificate granted by the Circle Officer. It was contended that in view of the term of the advertisement and as per the condition laid in Clause 12 the Caste Certificate and the Income certificate issued by other authorised officers mentioned in the said Clause 12, were not acceptable at the time of interview except the one granted by the District Magistrate and/or countersigned by him. My attention was drawn to an executive instruction issued by the Personnel and Administrative Reforms Department of the Government of Bihar dated 2-2-1982 and it was contended the said executive instruction. It is relevant to notice the said executive instruction incorporated in Clause 12 of the advertisement published by the Public Service Commission and the relevant portion reads:- For getting benefit of reservation for all these backward classes, at the time of filing of application of such candidates, the District Magistrate, S.D.O. Project Executive Officer, B.D.O., C.O. and First Class Magistrate, District Welfare Officer and Sub-Divisional Welfare Officer are authorised to issue caste certificate as also the Income Certificate but at the time of interview such certificates issued only by the District Magistrate shall be accepted, and the certificates issued by the other authorised officers shall not be entertained for recommendation unless those certificates are verified and countersigned by the District Magistrate. In other words, it would mean that unless such certificates granted by the District Magistrate and verified or countersigned by the District Magistrate are produced at the time of interview, such candidates would not be treated under the reserved category. In other words, it would mean that unless such certificates granted by the District Magistrate and verified or countersigned by the District Magistrate are produced at the time of interview, such candidates would not be treated under the reserved category. 4 The admitted position which emerges both from the affidavit and the counter-affidavit is that at the time of filing of the application itself the petitioner had submitted the caste certificate granted by the S.D.O. and the Income Certificate granted by the Circle Officer. Before interview he had applied for grant of such certificates to the District Magistrate but since the District Magistrate was busy in flood relief work he authorised the District Development Officer to issue the certificates on his behalf. It may be relevant to be stated that the application had been filed in accordance with the advertisement on 10-5-1984 and the interview was called after more than three years on 7-10-1987. Annexure-7 is a letter issued by the District Magistrate testifying the fact that the petitioner had applied before him for grant of such certificate but since he was busy in flood relief work he authorised the District Development Officer to issue the certificates on his behalf. In the situation the District Magistrate had requested the Commission to recommend the case of the petitioner if he is otherwise found suitable for such recommendation. Of course, it is true, that the letter of the District Magistrate was received by the Commission only in February, 1988, after the recommendations were made. But, then, it was contended that the situation was beyond the control of the petitioner and for no fault of his, injustice done to him should be cured. 5. It is well known in Bihar that Moments are the most backward class and certificates regarding the caste and Income had, in the present case, been granted by the officers so authorised in terms of Clause 12 of the advertisement issued by the Public Service Commission. In a welfare State, for all intent and purpose the said executive instruction must be construed conferring benefit to the backward classes by treating them in the reserved category and, such benefit should not be curt allied or frustrated on mere hyper technicalities. In a welfare State, for all intent and purpose the said executive instruction must be construed conferring benefit to the backward classes by treating them in the reserved category and, such benefit should not be curt allied or frustrated on mere hyper technicalities. If these certificates granted by the responsible gazette officers as mentioned in terms of Clause 12 of the advertisement were treated as valid at the time of filing of such application and after scrutinizing them the admit cards were issued asking such candidates to appear at the examination, I do not see any reason how they lose their sanctity or become less valuable at the time of interview. Clause 12 of the advertisement does not impose such restrictions so as to reject those applications on that ground at the initial stage itself. If the intention could be to recommend a candidate for appointment only on the basis of such certificates issued only by the District Magistrate and or countersigned by him, then, there was no purpose behind authorising several other gazette officers to issue such certificates. Authenticity of such certificates granted by all other gazette officers enumerated in Clause 12 of the advertisement would not be less significant and should be given all due weight, but, of course, subject to proper verification and scrutiny by the Public Service Commission. If such value to these certificates can be attached only if they are granted by the District Magistrate then why the same is required only at stage of interview and not at the very initial stage when the applications are tiled. That would save the duplication of such certificates and a candidate shall not be subjected to such harassment by obtaining two certificates on two different occasions. There appears to be no rationality behind it and the failure to produce such certificates required to be granted only by the District Magistrate at the time of the interview would result in defeating the right of the person from being treated in the reserved category. There appears to be no rationality behind it and the failure to produce such certificates required to be granted only by the District Magistrate at the time of the interview would result in defeating the right of the person from being treated in the reserved category. If the intention, as expressed in the executive instruction incorporated in Clause 12 of the advertisement, would have been to emphasis on the production of such certificates only by the District Magistrate, then it would have been better for all concerned to make such provision so as to require production of certificate of the District Magistrate alone at the time of entertainment of the application itself. But possibly, considering the fact that a situation may arise when the certificate of a District Magistrate alone may not be available and, therefore, the condition in the advertisement as also in the said executive instruction was laid down requiring the candidate to produce the caste certificate and the income certificate even granted by other gazette officers mentioned therein. Of course, the same should be subject to proper scrutiny by the public Service Commission itself. 6. In the present case, the admitted position is that at the time of filing of the application the petitioner had produced all the necessary certificates of caste and income granted by the gazette officers mentioned in the said executive instruction incorporated in Clause 12 of the advertisement But the candidates were called for interview after long three yea When the petitioner had bona fide approached the District Magistrate for grant of such certificate it appears from the letter of the District Magistrate to itself that he was busy in flood relief work and, therefore he had authorised another gazette officer to grant such certificate. Therefore, there was no willful negligence or latches on the part of the petitioner in producing the required certificates A long delay of three years in calling the candidates for interview alone might have defeated the right of several persons for being appointed in other Services since they might have become overage. In para 26 of the writ application it has been stated that several posts are still lying vacant. This position has not been specifically controverter in the counter affidavit filed on behalf of the Bihar Public Service Commission and not controverter at all by the State. 7. In para 26 of the writ application it has been stated that several posts are still lying vacant. This position has not been specifically controverter in the counter affidavit filed on behalf of the Bihar Public Service Commission and not controverter at all by the State. 7. In my considered view, there was no reasonable justification in refusing to issue appointment letter to the petitioner for his appointment to the post of Civil Assistant Surgeon on the ground that the caste certificate and the income certificate were not signed by the District Magistrate. The respondents are, therefore, directed to recommend the name of the petitioner for appointment to the post of Civil Assistant Surgeon in the next available future vacancy. 8. This application is allowed with the direction indicated above but there shall be no order as to cost.