JUDGEMENT 1. The petitioner has come to this Court for issuance of an appropriate writ for implementing the recommendation, as made in his favour, by the Bihar Staff Selection Commission (hereinafter referred to as the Commission) as far back as on 28.8.2006 for considering the appointment of petitioner as a driver. This writ petition has been pending for over three years and counter affidavits have been filed but they really do not solve the problem. They are denials, half admissions and vague. However, factual position is clear and, therefore, I do not propose to prolong the matter any further and I am disposing of this writ petition after hearing the parties. 2. The Commission has been established with the statutory duty to make selection of employees who at that time were having pay scale of Rs. 6,500/-. Here we are concerned with post of driver which falls within the jurisdiction of the Commission. 3. It appears that vide Memo No. 982 dated 15.9.2004 the District Magistrate-cum-Collector, Katihar sent a requisition to the Commission for making selection, inter alia, of drivers which was meant for Health.Department. There were other posts also. The letter clearly shows that it was in relation to various vacancies, in the district itself. The letter is annexed as Annexure-A to the counter affidavit filed on behalf of the Commission. It is pursuant to the aforesaid requisition which was then forwarded also by the Revenue and Land Reforms Department to the Commission. The Commission issued advertisement being Advertisement No. 1404/1605 and made selection. After making selection two drivers were selected including the petitioner and on 28.8.2006 (Annexure-7), the Commission made his recommendation to the Civil Surgeon, Katihar for appointing the petitioner as a driver, as is evident from Annexure-8, the letter of Civil Surgeon, Katihar dated 4.12.2006 to the Director-in-Chief, Health Services, Government of Bihar, Patna. Having received the said recommendation, he informed the Director-in-Chief, Health Services that driver not being Class-IV employees Civil Surgeon was not competent to appoint, as such, Director-in-Chief may take such a decision in that regard. Once the matter was, thus, referred. It appears that it has gone into hibernation. It is to resort the situation the present writ petition has been filed. 4. Once the matter was, thus, referred. It appears that it has gone into hibernation. It is to resort the situation the present writ petition has been filed. 4. The Commission in its counter affidavit has clearly given out that it is on the requisition received from the District Magistrate-cum-Collector in respect of vacancies in the District that it undertook the exercise and made recommendation. Clarification was also sought for by the Civil Surgeon and given. The Civil Surgeon has filed a counter affidavit. A counter affidavit has also been filed on behalf of the Director-in-Chief, Health Services, Government of Bihar, Patna. Here the Director-in-Chief totally pleads ignorance of the requisition made by the district Collector in respect of all vacancies in the district. The stand is that the Civil Surgeon had made no requisition and, as such, the Commission could not have made the selection and could not have sent it to the Civil Surgeon for appointment. It is further pointed out that before appointing various other formalities is to be made like roster clearance etc. but there is not a single mention whether there exists vacancy or not. 5. In my view, everyone is trying to skirt the real issue though they understand it. The Collector clearly sent the list of vacancies in various departments in the district. Those vacancies could have been known to the Collector only upon information given by the Civil Surgeon and others. It is not the stand of anybody that Civil Surgeon had not notified the vacancies to the Collector. It is apparent that knowing this fact, the pleadings are that the Civil Surgeon being the appointing authority had made no requisition to the Commission which has come only after that. 6. Be that as it may, there being no denial that there is no vacancy and there being no denial that petitioner was selected pursuant to advertisement duly issued by the Commission and after having undergone the selection process, it cannot be said that the said exercise carried out by the Commission was an exercise in futility. 6. Be that as it may, there being no denial that there is no vacancy and there being no denial that petitioner was selected pursuant to advertisement duly issued by the Commission and after having undergone the selection process, it cannot be said that the said exercise carried out by the Commission was an exercise in futility. A recommendation having been made after due selection process, it is incumbent upon the Director-in-Chief, Health Services, Government of Bihar, Patna to ensure that the vacancy that had occurred or the vacancy, if any, of a driver in the office of the Civil Surgeon or under the control of the Civil Surgeon, Katihar is filled up by the recommendation as made by the Bihar Staff Selection Commission, after getting roster clearance and other formalities as required by law, within a period of three months from the date of production of a copy of this order before the Director-in-Chief, Health Services, Government of Bihar, Patna. It shall be the responsibility of the Director-in-Chief, Health Services, Government of Bihar, Patna to ensure proper and timely compliance of the order of this Court. 7. With the aforesaid observations and directions, the writ petition stands disposed of.