Judgment

VENKATARAMIAH, J.:- This is an appeal by special leave filed against the judgment of the High Court of Patna in Civil Writ Jurisdiction Case No. 1449 of 1984 dated April 16, 1985* by which the High Court. declined to grant the prayer of the appellant for the inclusion of his name in the list of successful candidates at the 19th Competitive Judicial Service Examination field in December 1979 by the Bihar Public Service Commission (hereinafter referred to as the Commission). The facts of the case are briefly these. Pursuant to an advertisement issued by the Commission in the month of October, 1979 calling for applications from eligible candidates to fill up the posts of Munsiffs in the Bihar Judicial Service, the appellant filed his application before the, Commission within time. He appeared at the Competitive Judicial Examination held in the month of December, 1979, the Roll No. allotted to him being 388. Thereafter on July 27, 198 1. he appeared at the viva voce test held by the Commission. The appellant obtained in all 416 marks including the marks obtained at the viva voce test. He, however, did not receive any order of appointment although a candidate who had secured in