JUDGMENT : Heard learned counsel for the petitioners in all these writ applications, Mr. P.K. Shahi, learned Advocate General with Mr. Anjani Kumar and Mr. P.K. Verma, learned Additional Advocate Generals assisted by other learned counsel for the State, Mr. Lalit Kishore, learned senior Advocate assisted by Mr. Sanjay Pandey, learned Advocate for the Bihar Public Service Commission and learned counsel(s) for the Bihar School Examination Board. 2. These writ applications have been specially fixed on the request of learned counsel for the petitioners and with consent of learned Advocate General and other learned Advocates for the State, as also learned counsel for the Bihar Public Service Commission. 3. Learned counsel for the petitioners have prayed for a direction to the respondents to allow them to participate in the selection process for appointment on the post of Assistant Teacher in Music and Home Science. 4. The grievance of these petitioners is that despite a categorical statement made before this Court on 20.07.2023 by learned senior Advocate appearing on instruction from the Additional Chief Secretary of the Education Department that the petitioners in C.W.J.C. No. 9599/2023 and other similarly situated shall be allowed to participate in the selection process, the present petitioners in other writ applications who were seeking to apply against the vacancies for the post of Music Teacher and Home Science were deprived of filling up their application form. 5. Learned counsel submits that those who were petitioners in CWJC No. 9828/2023 and CWJC No. 9599/2023 were allowed to fill up their respective application form by virtue of the order dated 20.07.2023 passed by this Court in two writ applications i.e. CWJC No. 9828/2023 and CWJC No. 9599/2023. In their submission, the respondents were required to come out with a notice to all other similarly situated aspirants and other similarly situated were required to be invited to participate in the selection process in order to abide by the undertaking given by the learned senior counsel for the Education Department which is recorded in this Court’s order dated 20.07.2023. 6. Learned counsel submits that even as the examination is fixed on 24.08.2023, at this stage, the B.P.S.C. may be directed to accept the application forms of these petitioners and to issue them admit cards so that they can participate in the selection test on 24.08.2023. 7. This Court had occasion to hear these matters yesterday for some time. 6. Learned counsel submits that even as the examination is fixed on 24.08.2023, at this stage, the B.P.S.C. may be directed to accept the application forms of these petitioners and to issue them admit cards so that they can participate in the selection test on 24.08.2023. 7. This Court had occasion to hear these matters yesterday for some time. After hearing learned counsel for the petitioners, this Court made a prima-facie observation that the Department as well as the B.P.S.C. are required to keep in mind the principle of fair play in action. This Court in it’s order dated 21.08.2023 recorded it’s expectation that the Additional Chief Secretary, Education Department and the Bihar Public Service Commission, Patna shall look into the grievance of these petitioners keeping in view the statements made by learned senior counsel who had appeared for the Education Department, Government of Bihar on 20.07.2023. 8. Today, Mr. P.K. Shahi, learned Advocate General, Bihar together with Mr. Anjani Kumar, learned AAG-4 and Mr. P.K. Verma, learned AAG-3, appeared on behalf of the State. Learned Advocate General submits that while passing the order on 20th July, 2023, in paragraph ‘13’ of it’s order the Court directed the respondents to allow the petitioners to participate in the selection process and, for this purpose, a direction was issued to accept their applications online and in case of any difficulty in accepting the same online, the Bihar Public Service Commission was directed to accept the application offline. The submission is that even as the learned senior counsel for the Education Department made a statement that other similarly situated will be allowed to participate, the fact remains that in the mandamus issued by this Court, it was confined to the petitioners of the said case. 9. Be that as it may, it is submitted that having given a statement in this Court, that was required to be taken care of but it seems that the petitioners in the present case did not approach the authorities of the Bihar Public Service Commission and then this Court well within time. These writ applications except one i.e. CWJC No. 10091/2023 were presented in this Court much after the last date for filling up the application form i.e. 22nd of July, 2023. 10. It is submitted that at this stage, the examination is fixed on 24.08.2023 and hardly one working day has been left. These writ applications except one i.e. CWJC No. 10091/2023 were presented in this Court much after the last date for filling up the application form i.e. 22nd of July, 2023. 10. It is submitted that at this stage, the examination is fixed on 24.08.2023 and hardly one working day has been left. It is further submitted that as against 2043 vacancies for the Music Teacher, the Commission is in receipt of only 1100 applications, similarly in respect of Home Science as against 1275 vacancies, the Commission has received only 310 applications. Learned Advocate General submits that since large number of vacancies would remain to be filled up, he has discussed the matter with the Additional Chief Secretory and is ready to give a statement in this Court that the next selection process for filling up the remaining vacancies and the vacancies which may arise during the intervening period will be initiated in the month of October, 2023. 11. It is his submission that all these petitioners have also an opportunity to appear in the State Level Teachers Eligibility Test (in short ‘STET’) which is being conducted very shortly and the last date for filling up the application form for the same is 23rd August, 2023. The STET shall be held by the Bihar School Examination Board and the result of the same will come before the initiation of the next selection process for the vacant posts in the Music and the Home Science in particular. 12. Learned Advocate General submits that at this stage, it would not be perhaps possible for the BPSC to process hundreds of applications within one day and issue admit cards as also to make arrangements for the examination which is fixed on 24.08.2023, therefore, if any interim order is passed today, the whole schedule of examination is likely to get disturbed. 13. It is further submitted that in such circumstance the 1100 applicants for the post of Music Teacher and 310 students for the post of Home Science Teacher are likely to face much inconvenience as some of them have already started reaching to the concerned places where the centers are situated. 14. 13. It is further submitted that in such circumstance the 1100 applicants for the post of Music Teacher and 310 students for the post of Home Science Teacher are likely to face much inconvenience as some of them have already started reaching to the concerned places where the centers are situated. 14. Referring to the judgment of the Hon’ble Supreme Court in the case of Indian Institute of Technology, Kharagpur and Others vs. Soutrik Sarangi and Others reported in 2021 SCC Online SC 826 and the judgment in the case of Shikhar and Another vs. National Board of Examination and Others reported in 2022 SCC Online SC 425, the learned Advocate General submits that these are not the cases in which judicial interference is required with the ongoing selection process. 15. Learned senior counsel for the BPSC has also endorsed the submission of the learned Advocate General. It is his submission that the BPSC has already made arrangements for the examination which is fixed on 24.08.2023 and it would not be perhaps possible at this stage, to process fresh applications of the petitioners in these writ applications and then once this process starts, the examination is bound to be disturbed. 16. Having regard to the aforementioned submissions when this Court considers balancing the interest of the parties, this Court would come to a conclusion that because the examination is fixed on 24.08.2023 itself and now only one working day has been left, this Court must refrain itself from issuing a Mandamus directing the BPSC to entertain fresh application forms as, in the opinion of this Court, such an exercise cannot be taken so hurriedly unless the examination date is shifted. 17. As stated above, most of the writ applications except one has been filed belatedly much after expiry of the last date for submission of the application forms. 17. As stated above, most of the writ applications except one has been filed belatedly much after expiry of the last date for submission of the application forms. No doubt the learned senior counsel for the Education Department had made statement before this Court on 20th July, 2023 that as regards Music subject the petitioners in those two writ applications and other similarly situated would be allowed to participate in the selection process but then the fact remains that this Court had confined its Mandamus in respect of the petitioners of those cases only, therefore, it is an arguable issue as to whether only because the statement of the learned senior counsel was recorded, it would take form of an undertaking and this Court should examine this matter from that perspective. This question has to remain open for consideration in an appropriate matter. 18. So far as these cases are concerned, this Court is not inclined to issue any Mandamus at this stage. It is a fait accompli, i.e. happened has happened and now the petitioners may only avail their opportunity in the next selection process which will be initiated in the month of October, 2023. 19. The learned Advocate General has very clearly stated that his statement to this effect may be recorded and in fact it is in the nature of an undertaking before this Court that the state respondents shall initiate the next selection process in the month of October, 2023 in which these petitioners will be allowed to participate in the selection process, subject, however, that they pass the STET which is being held shortly and fulfill other conditions as per ‘the Rules’ without any other prejudice. 20. So far as any other remaining issue is concerned, the petitioners will be at liberty to raise such issues in an appropriate application, if and when occasion so arise. All such issues are left open. 21. These writ applications stand disposed of accordingly.