1. Heard learned counsel for the parties.

2. The appeal is against the order of learned single Judge dated 10.12.2007 allowing the petition filed by respondent no. 2.

3. In pursuance of the advertisement dated 13th of April, 2005 the petitioner-respondent no. 2 appeared for the preliminary test and having cleared the preliminary test vide the result declared as per Annexure-1 the petitioner-respondent no. 2 entered the second phase of selection for the post of Child Development Project Officer, in all 107 posts were advertised. Thereafter, the petitioner-respondent no. 2 was admitted to main examination in pursuance of advertisement, Annexure-2. The petitioner-respondent no. 2 had laid claim to the reserved posts for Other Backward Classes (Category 0-5 ) and she had been called for interview to be held between 10th of September to 15.09.2007. Petitioner-respondents interview took place on 12.09.2007. For considering the candidature against the post reserved for Other Backward Classes/ Extremely Backward Classes, as per advertisement the concerned candidate must have a certificate issued either by the District Magistrate or countersigned by him or issued by the Additional Collector, authorized by District Magistrate or Sub-divisional Officer about creamy layer. The last date for production of such certificate in the advertisement stated to be on the date of candidates interview.

4. The petitioner-respondent no. 2 had produced caste certificate alongwith interview letter, Annexure-6, issued by Sub-divisional Officer, Hilsa (Nalanda), certifying that she belongs to the community recognized as backward classes and that she also does not belong to the persons/sections of creamy layer. This certificate is dated 7.08.2007 and issued on 22.08.2007.

5. However, vide letter of interview the person belonging to the Other Backward classes were required to produce a caste certificate alongwith certificate of creamy layer which has been issued under the signature of concerned District Magistrate or countersigned by him or should have been issued by Additional Collector, authorized by him. This condition in interview call was apparent deviation from requirement advertised about certificate of caste alongwith creamy layer to be produced at the time of interview. But in the case of candidates from Scheduled Caste and Scheduled Tribe a certificate issued by Sub-divisional Officer was also included in the documents on the basis of which benefit of reservation could be extended to them.

6. It appears that in view of this when the petitioner-respondent no. 2 was asked to produce certificate from District Magistrate or duly authorized Additional District Magistrate, for the first time, she made an application for seeking time to produce the certificate issued by District Magistrate or an Additional Collector, authorized by him. The petitioner-respondent no. 2 did produce on 15.09.2007 a certificate dated 14.09.2007 issued by the District Magistrate, Nalanda. However, the appellants did not take notice of this certificate on the ground that it was produced after the date of interview and rejected the candidature of the petitioner-respondent no. 2 against the seats reserved for backward classes. Considering her to be a candidate falling in general category and not securing place in order of merit against available vacancies for general class, she was left out of consideration. This led to filing of CWJC No. 13222 of 2007.

7. The petitioner-respondent no. 2 has specifically pleaded that the petitioner-re-spondent no. 2 appeared on 12.09.2007 for the oral interview before the Board constituted by the respondent-Bihar Public Service Commission. She also filed caste certificate alongwith creamy layer certificate of BC-II category, Annexure-6, which is issued by Sub-Divisional Officer, Hilsa (Nalanda). It was stated in the writ petition that after completion of the oral interview respondent no. 5 asked the petitioner-respondent no. 2 to produce t