1. Heard learned counsel for the petitioner and learned Additional Advocate General-1 appearing on behalf of the Bihar Staff Selection Commission (hereinafter referred to as the Commission).

2. The Commission published an advertisement inviting the applications for the post of Secretariat Assistants. The last date fixed for receipt of applications was 31.5.2011. The advertisement specified that the applications must be sent through registered post or speed post. The petitioner dispatched his application by speed post on 26.5.2011. It reached the Commission after 31.5.2011.

3. Learned counsel for the petitioner submits that if the respondents have prescribed the mode and the agency for transmission of the applications, no sooner that the petitioner complied the same by putting it in transmission by speed post through the postal department, the Department became the agent of the Commission and any delay by the Department in delivery to the commission cannot visit him with the consequences. He has to be permitted to appear in the ensuing examination on the 18th of December, 2011. Reliance has been placed on a Division Bench Judgement reported in 1998 (3) P.L.J.R. 901 (Md. Aarif