( 1 ) THIS appeal is directed against the judgment of the Division Bench of the patna High Court in CWJC no. 10489/94. The appellant who was a candidate for the post of Commercial Tax Officer applied to the Public Service Commission on the basis of the advertisement issued by the said Commission. He also appeared at the examination but as his results were not declared he made a request to the Public Service Commission to intimate him the marks he had secured in the said examination. Instead of intimating the marks to him, the commission on the other hand issued a show cause notice to him indicating therein that since he had not been confirmed in the post in the Class-Ill on the 1st of April, 1991, he was therefore ineligible for being considered in terms of Rule 5 of the bihar Finance Service (Appointment through Selection) Rules, 1990.

( 2 ) THE appellant filed a reply to the public Service Commission annexing the order of the State Government confirming him with effect from 1. 12. 1985 on expiry of two years of probation. The commission however was of the view that this order of the State Government having been passed subsequently though having given retrospective effect the prov